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THX 

MOCIATED  COLLEGE/ OF  UPPER  XX* 

^    (j 


^-^-"2^ 


J» 


ATTOENBT  AT  LAW, 


THE 


BLUE  LAWS  OF  CONNECTICUT: 


A   COLLECTION   OF   THE 


EARLIEST  STATUTES  AND  JUDICIAL  PROCEEDINGS 
OF  THAT  COLONY; 


AN  EXHIBITION  OF  THE  RIGOROUS  MORALS  AND 
LEGISLATION  OF  THE  PURITANS. 


EDITED, 

WITH  AN  INTRODUCTION, 

BT 

SAMUEL  M.  SMUCKER,  LL.D., 

AUTHOR  OP   "HISTORY  OP  THE  FOPR  OKORQES,   KI1CO8  OP  BlCOLAin), 

"LIFE,  SPEECHES,  AHD  MEMORIALS  OP  DASIEL  WEB8TBB,"  ETC. 


TSE  LIBRARY  •*• 
4^0CIATED  COLLEGES  OF  UPPER  Jlftfjr  YO 

PHILADELPHIA: 

PUBLISHED  BY  DUANE  RTiLISON, 

No.  33  SOUTH  THIKD  STREET. 

1861. 


Entered  according  to  Act  of  Congress,  in  the  year,  1860,  by 
DtJANE    RULISON, 


In  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  in  and 
for  the  Eastern  District  of  Pennsylvania. 


PHILADELPHIA  : 
IEOTYPED  BY  S.   A.    GEORGE, 
607  BAHSOJt  STBEXT. 


PREFACE. 


THE  term  "  Blue  Laws"  is  an  epithet  which  has 
long  been  applied  by  way  of  derision  to  those 
rigorous  judicial  regulations  and  proceedings  which 
form  a  part  of  the  early  history  of  the  colony  of 
Connecticut;  and  which  illustrate,  in  rather  a  pecu- 
liar and  forcible  manner,  the  primitive  morals  and 
legislation  of  the  Puritans.  These  laws  exceed, 
in  the  minuteness  of  their  details  and  in  the  se- 
verity of  their  penalties,  the  enactments  which 
were  adopted  by  the  rest  of  the  American  Colo- 
nies; nor  are  they  equaled  in  these  respects  by 
the  statutes  and  judicial  decisions  of  any  other 
community  with  which  we  are  acquainted.  Hence 
it  is  that  they  enjoy  a  kind  of  pre-eminence  in  re- 
gard to  quaintness,  bluntness,  particularity,  and 
antiquated  excess  of  penalty,  which  has  gained 
for  them  the  equivocal  epithet  by  which  they  have 
been  generally  designated  for  several  generations. 

(3) 


2012513 


4  PREFACE. 

The  copy  of  these  laws  herewith  presented,  was 
originally  taken  from  the  public  records  which  are 
preserved  in  the  office  of  the  Secretary  of  the  State 
of  Connecticut.  The  judicial  proceedings  which 
form  a  portion  of  the  volume  were  also  transcribed 
from  the  manuscript  records  of  the  court  to  which 
they  appertain.  The  first  edition  of  the  work  having 
long  been  out  of  print,  ?  iew  impression  was  deemed 
desirable  to  meet  tl  e  frequent  calls  which  were 
made  for  it.  The  antique  and  obsolete  orthogra- 
phy of  this  remarkable  relic  of  the  colonial  era  of 
our  country  has  been  carefully  retained,  as  forming 
an  essential  element  of  its  singularity  and  value. 

S.  M.  S. 
PHILADELPHIA,  October  1860. 


INTRODUCTION. 


MEMORIALS  of  former  ages  possess  an  attraction 
for  the  majority  of  readers ;  but  monuments  of  the 
peculiar  qualities  of  that  stern  and  vigorous  race 
of  men,  who  have  stamped  the  impress  of  their 
genius  on  society,  literature,  and  government  in 
almost  every  quarter  of  the  civilized  world,  during 
several  centuries,  are  invested  with  a  superior  and 
more  absorbing  interest.  The  Puritans  and  their 
peculiarities  of  manner,  speech,  attire,  and  belief 
have  often  been  the  subject  of  ridicule  to  the  dri- 
veler, of  abhorrence  to  the  sensualist,  of  condem- 
nation to  the  bigot ;  nevertheless,  they  have  con- 
stituted one  of  the  chief  motive-powers  which  has 
urged  on  the  car  of  human  progress ;  they  have 
proved  to  be  the  most  potent  bulwarks  in  defense 
of  liberty;  they  have  formed  one  of  the  chief 
sanctuaries  in  which  virtue,  love  of  truth,  hatred 
to  tyrants,  and  the  best  interests  of  mankind,  have 
been  protected  and  enshrined.  Wherever  the  An- 
glo-Saxon race  exists,  moulding  the  laws,  religion, 
and  social  condition  of  communities  and  nations, 
there  the  traditions  of  the  quaint  peculiarities  and 
austere  virtues  of  the  Puritans  will  be  found,  as- 


6  INTBODUCTION. 


sorting  their  power  as  facile  principes  among  the 
controlling  influences  which  give  character  to  the 
institutions  around  them.  Hence  it  is,  that  the 
singular  collection  of  judicial  enactments  and  de- 
cisions familiarly  known  as  the  "Blue  Laws  of 
Connecticut,"  possess  a  serious  importance,  and 
not  merely,  as  is  sometimes  erroneously  supposed, 
a  risible  and  comical  interest. 

We  purpose,  in  this  Introduction,  to  trace  briefly 
the  origin  and  development  of  those  several  commu- 
nities in  Connecticut  who  framed  and  administered 
these  Laws ;  and  to  narrate  the  leading  circumstances 
and  events  which  attended  their  history,  until  the 
period  when  these  regulation  were  adopted  by  them 
and  were  incorporated  into  their  civil  and  ecclesi- 
astical government. 


j  I.   ORIGIN  OF  THE  COLONY  OF  CONNECTICUT. 

On  the  20th  of  March,  1630,  about  ten  years 
\  after  the  landing  of  the  pilgrim  fathers  on  Ply- 
\  mouth  Rock,  a  number  of  persons  who  professed 
<  the  same  religious  opinions  sailed  from  Plymouth, 
i  England ;  and  after  a  voyage  of  two  months  ar- 
rived off  Nantasket  Point.  They  proceeded  up 
Charles  river,  and  having  landed,  commenced  the 
erection  of  dwellings,  at  a  place  subsequently 
called  Dorchester.  These  emigrants  were  under 
the  guidance  of  the  Rev.  John  Warham,  who  had 
been  a  distinguished  Puritan  minister  in  Devon- 
shire, England.  In  1632  a  second  emigration  took 
place  under  the  conduct  of  the  Rev.  Thomas 


Hooker,  who  settled  at  Newtown.  A  third  com- 
munity was  also  established  at  "Watertown,  under 
the  general  direction  of  the  Rev.  Mr.  Phillips. 
These  three  communities  were  situated  within  the 
limits  of  the  old  colony  of  Massachusetts. 

In  1634  the  accession  of  numbers  from  the 
mother  country  to  the  Puritan  colonies  of  the  New 
World,  in  consequence  of  the  ecclesiastical  tyranny 
which  prevailed  in  England,  became  so  great,  that 
the  settlers  we  have  just  named  conceived  the  idea, 
that  their  interests  would  be  promoted  by  a  removal 
from  Massachusetts  to  a  still  newer  and  less  popu- 
lous location  ;  and  various  reports  having  been 
circulated  in  reference  to  the  fertility  and  salubrity 
of  the  region  known  by  the  name  Connecticut,  a 
number  of  persons  resolved  to  remove  thither,  and 
there  establish  a  new  colony.  They  petitioned  the 
Court  of  the  elder  colony  for  permission  to  with- 
draw ;  and  after  considerable  opposition  their  re- 
quest was  granted.  It  was  in  the  year  1635  that 
their  resolution  was  carried  into  effect.  First  a 
number  of  persons  from  Watertown,  plunging  into 
the  primeval  wilderness  of  forest  which  divided  the 
inhabited  portions  of  Massachusetts  from  the  sur- 
rounding territory,  traveled  toward  the  Connecti- 
cut river ;  and  at  length  halted,  erected  a  few  huts, 
and  commenced  a  settlement  at  Weatherfield. 
Other  companies  from  Newtown  and  Dorchester 
followed,  and  by  them  the  villages  of  Hartford  and 
Windsor  were  subsequently  commenced.  Thus 
were  laid  the  foundations  of  the  colony  of  Con- 


8  INTRODUCTION. 

necticut,  by  persons  who  had  fled,  in  the  first  in- 
stance from  ecclesiastical  tyranny  in  England,  in 
order  that,  amid  the  wilds  and  solitudes  of  a  new 
world,  they  might  enjoy  the  priceless_|  boon  of  reli- 
gious liberty.  Prominent  among  these  fathers  of 
Connecticut  were  Messrs.  Warham,  Hooker,  Ludlow 
Wolcott,  and  Hopkins,  all  of  whom  were  either  the 
ministers  or  magistrates  of  the  three  first  settlements. 
These  men  and  their  associates  deserve  the  praise 
of  having  nurtured  and  moulded  one  of  the  most 
prosperous  and  virtuous  communities  which  pro- 
bably ever  existed ;  and  which,  till  this  day,  main- 
tains a  marked  preeminence  among  men  for  all 
those  qualities  which  indicate  social,  moral,  and 
political  excellence. 

In  the  year  1636  the  three  towns  of  Hartford, 
Weatherfield,  and  Windsor  contained  about  eight 
hundred  persons ;  including  the  garrison  of  the  fort, 
|        which  had  been  erected  at  the  mouth  of  the  Con- 
\        necticut  river,  commanded  by  Lieutenant  Gardiner, 
as  a  protection  against  the  occasional  aggressions 
of  the  Dutch,  in  the  neighboring  colony  of  New 
Amsterdam. 

These  colonists  settled  under  the  auspices  of  a 
\  charter  which  had  been  executed  in  1631,  by 
\  Robert,  Earl  of  Warwick,  president  of  the  Council 
of  Plymouth,  to  William,  Yiscount  Say  and  Seal, 
Robert  Lord  Brooks,  Lord  Rich  and  others,  their 
heirs  and  assigns  forever;  which  charter  conveyed 
to  them  the  fee  simple  of  all  that  portion  of  New 
England,  which  extended  from  the  Narragansett 


INTRODUCTION.  9 

river,  for  the  space  of  forty  leagues  along  the  sea 
shore,  toward  the  west  and  southwest  as  far  as  the 
confines  of  Virginia.  The  title  held  by  the  Earl  of 
Warwick  had  been  derived  from  the  Council  of 
Plymouth  in  England ;  and  it  had  been  confirmed 
to  him  by  a  royal  patent  from  Charles  I.  What- 
ever right  and  title  therefore  they  possessed  in  the 
immense  territories  included  in  this  patent,  they 
transferred  in  full  force  and  vigor  to  the  said 
patentee. 

H.    EARLY  HISTORY  OF  THE  THREE  COLONIES. 
During  the  first  years  of  their  residence  in  Con- 
necticut the  colonists  endured  extreme  privations. 
They  were    sometimes   assailed    by  the    hostile 

,  Indians,  who  viewed  the  encroachments  of  the 
strangers  into  their  own  hereditary  domains  with 
astonishment,  and  a  not  unreasonable  jealousy. 

J       The  most  numerous  and  powerful  of  these  be- 

j  longed  to  the  tribe  of  Pequots.  A  number  of 
murders  were  committed  by  them  from  time  to 
time,  and  the  colonists  lived  in  constant  and  im- 

j  minent  peril.  An  appeal  for  aid  was  at  length 
made  to  the  parent  colony  of  Massachusetts ;  in 
answer  to  which  an  expedition  numbering  ninety 
men,  was  sent  forth  under  Captain  Endicott,  to 
avenge  the  outrages  committed  and  punish  the 
offenders.  Nothing  of  moment  was  effected  by 
this  force,  except  still  more  deeply  to  exasperate 
the  savages.  Yarious  acts  of  hostility  ensued 
between  the  two  races.  Famine  and  disease  began 


10  INTRODUCTION. 

to  afflict  the  colonists.     The  war  was  afterward 
resumed  by  the  colony  of  Massachusetts  in  conse- 

s  quence  of  these  events,  and  carried  on  with  greater 
vigor ;  inasmuch  as  the  very  existence  of  the  set- 

j  tlements  made  in  Connecticut  seemed  to  depend 
upon  the  energy  of  their  co-operation  and  assist- 

\  ,  ance.  An  Indian  village  was  burned  and  six 
hundred  persons  perished  in  the  flames,  and  by  the 
fire  of  their  assailants.  The  savages  were  eventu- 
ally conquered,  and  a  treaty  was  concluded  between 
them  and  the  colonists,  by  which  the  former  agreed 

|  to  maintain  amicable  relations  with  them,  to 
abandon  their  native  territory,  to  change  their 
name  from  Pequot  to  Narragansett,  to  pay  an  an- 
nual tribute  to  the  English  ;  and  it  was  agreed  that 
all  disputes  between  the  several  neighboring  tribes 
should  be  referred  for  settlement  to  the  magistrates 
of  the  colony, 

In  the  year  1638  the  town  of  New  Haven  was 
founded  by  emigrants  from  London,  under  the 
guidance  of  the  Rev.  John  Davenport.  He  and 
his  associates  sailed  in  the  first  instance  for  Boston. 
After  arriving  in  the  colony  of  Massachusetts, 
they  determined  to  esfablish  a  distinct  and  inde- 
pendent community ;  although  persevering  efforts 
were  made  to  retain  them  at  Boston,  in  conse- 
quence of  the  very  considerable  wealth  which  the 
chief  men  of  the  company  possessed.  But  they 
could  not  be  diverted  from  their  resolution ;  and 
Mr.  Davenport,  accompanied  by  several  leading 
men,  proceeded  to  visit  the  region  in  which  New 


1 


INTRODUCTION.  11 

Haven  now  stands.  In  December,  1638,  he  and 
his  associates  purchased  a  tract  of  land  from  the 
Indians,  who  still  occupied  that  territory;  and 
entered  into  a  treaty  of  perpetual  friendship  with 
them.  The  foundations  of  the  colony  was  then 
laid  under  favorable  auspices,  chiefly  in  conse- 
quence of  the  superior  amount  of  wealth  possessed 
by  the  settlers,  and  expended  by  them  in  the 
undertaking. 

In  January,  1639,  the  three  original  colonies  of 
Windsor,  Hartford,  and  Weatherfield,  assembled 
at  Hartford,  for  the  purpose  of  adopting  a  consti- 
tution and  government.  This  was  an  important 
event  in  giving  consistency  and  unity  to  the  entire 
community.  The  constitution  which  they  framed 
will  be  found  reprinted  in  Part  I.  of  the  following 
work.  Its  various  provisions  in  regard  to  the 
election  of  officers ;  the  number  and  powers  of 
their  representatives ;  the  reservation  of  certain 
important  franchises  and  functions  in  the  hands  of 
the  people ;  the  independence  of  the  action  of 
their  magistrates  ;  the  jealousy  with  which  their 
liberties  were  guarded  ;  the  equitable  manner  with 
which  taxes  were  to  be  imposed  upon  the  citizens ; 
and  the  rigor  with  which  penalties  for  offenses 
\  were  to  be  inflicted ; — in  all  these  we  see  the  germs 
of  those  great  principles  of  civil  and  religious 
liberty  for  which  their  authors  had  endured  so 
much,  and  of  which  they  possessed  so  clear  and  so 
discriminating  a  conception. 

In  accordance  with  the  provisions  of  this  consti- 


12  INTRODUCTION. 

tution,  the  freemen  of  the  three  towns  convened 
in  Hartford  in  April,  1639,  and  elected  the  first 
officers  under  the  new  consolidated  arrangement. 
John  Haynes  was  appointed  governor,  six  eminent 
citizens  were  chosen  magistrates.  Roger  Ludlow, 
the  first  of  the  six,  was  made  deputy-governor. 
Representatives  were  selected  to  sit  in  the  first 
General  Assembly  which  was  convened ;  and  a 
number  of  laws  were  adopted  for  the  government 
of  the  three  communities.  All  these  laws  were 
remarkable  for  the  jealousy  and  care  with  which 
the  personal  rights  of  the  citizens  or  colonists  were 
preserved.  They  enacted  that  no  man's  life  should 
be  taken  away,  or  his  reputation  injured,  or  his 
person  arrested,  or  his  property  damaged,  or  his 
family  disturbed,  except  it  should  be  by  virtue  of 
an  express  law  of  the  colony,  commanding  and 
warranting  it ;  or  in  case  the  law  as  it  then  stood 
should  be  deficient  in  reaching  the  matter,  some 
plain  and  clear  rule  of  the  Scriptures,  in  the  mean- 
ing of  which  all  the  magistrates  concurred,  should 
be  made  the  standard  by  which  the  case  was  to 
decided. 

IE.  FIRST  CONSTITUTION  OF  THE  COLONY  OF  NEW  HA  YEN. 
The  colony  of  New  Haven  which  had  been 
established  under  the  auspices,  and  had  flourished 
thus  far  under  the  superintendence,  of  the  Rev. 
Mr.  Davenport,  remained  a  year  without  any  set- 
tled civil  or  religious  constitution,  except  that  in- 
volved in  a  brief  and  summary  "Plantation-Cove- 


INTRODUCTION.  13 

nant."  Fresh  accessions  to  their  numbers  arrived 
from  time  to  time  from  England ;  and  it  became 
desirable  that  the  whole  community  should  be 
placed  under  the  control  of  a  uniform  and  benefi- 
\  cent  code  of  civil  and  religious  enactments.  Ac- 
cordingly on  the  4th  of  June,  1639,  all  the  "free 
planters"  convened  in  a  large  barn,  and  these  pro- 
ceeded in  a  solemn  manner  to  adopt  a  constitu- 
tion for  their  mutual  government.  The  proceedings 
were  opened  by  a  sermon  from  Mr.  Davenport, 
who  preached  from  these  words  :  "  Wisdom  hath 
builded  her  house,  she  hath  hewn  out  her  seven 
pillars. " 

After  the  conclusion  of  the  religious  services 
Mr.  Davenport  introduced  the  special  subject  of 
their  meeting ;  and  proceeded  to  propound  a  series 
of  questions  for  their  discussion.  The  answers  to 
these  questions,  which  were  eventually  adopted  by 
the  assembly,  form  the  constitution  by  which  they 
resolved  that  they  would  thenceforth  be  governed. 
As  this  instrument  was  one  of  great  interest,  and 
is  in  itself  not  inferior  in  importance  to  those  con- 
tained in  the  succeeding  portions  of  this  volume, 
we  will  here  present  it  entire  : 

"  Query  I.  Whether  the  scriptures  do  hold  forth 
a  perfect  rule  for  the  direction  and  government  of 
all  men  in  all  duties  which  they  are  to  perform  to 
God  and  men,  as  well  in  families  and  common- 
wealth, as  in  matters  of  the  church  ?  This  was 
assented  unto  by  all,  no  man  dissenting,  as  was  ex- 
pressed by  holding  up  of  the  hands.  Afterwards 
2 


14  INTRODUCTION. 

it  was  read  over  to  them,  that  they  might  see  in 
what  words  their  vote  was  expressed.  They  again 
expressed  their  consent  by  holding  up  their  hands, 
no  man  dissenting. 

"  Query  II.  Whereas,  there  was  a  covenant 
solemnly  made  by  the  whole  assembly  of  free 
planters  of  this  plantation,  the  first  day  of  extra- 
ordinary humiliation,  which  we  had  after  we  came 
together,  that  as  in  matters  that  concern  the 
gathering  and  ordering  of  a  church,  so  likewise  in 
all  public  officers  which  concern  civil  order,  as 
choice  of  magistrates  and  officers,  making  and  re- 
pealing laws,  dividing  allotments  of  inheritance, 
and  all  things  of  like  nature,  we  would  all  of  us 
be  ordered  by  those  rules  which  the  scripture 
holds  forth  to  us ;  this  covenant  was  called  a 
plantation  covenant,  to  distinguish  it  from  a  church 
covenant,  which  could  not  at  that  time  be  made,  a 
church  not  being  then  gathered,  but  was  deferred 
till  a  church  might  be  gathered,  according  to  God : 
It  was  demanded  whether  all  the  free  planters  do 
hold  themselves  bound  by  that  covenant,  in  all 
businesses  of  that  nature  which  are  expressed  in 
the  covenant,  to  submit  themselves  to  be  ordered 
by  the  rules  held  forth  in  the  scripture  ? 

"This  also  was  assented  unto  by  all,  and  no 
man  gainsayed  it ;  and  they  did  testify  the  same 
by  holding  up  their  hands,  both  when  it  was  first 
propounded,  and  confirmed  the  same  by  holding 
up  their  hands  when  it  was  read  unto  them  in 
public.  John  Clark  being  absent,  when  the  cove- 


INTRODUCTION.  15 

nant  was  made,  doth  now  manifest  his  consent  to 
it.  Also,  Richard  Beach,  Andrew  Law,  Goodman 
Banister,  Arthur  Halbridge,  John  Potter,  Robert 
Hill,  John  Brocket,  and  John  Johnson,  these 
persons,  being  not  admitted  planters  when  the 
covenant  was  made,  do  now  express  their  consent 
to  it. 

"  Query  III.  Those  who  have  desired  to  be  re- 
ceived as  free  planters,  and  are  settled  in  the 
plantation,  with  a  purpose,  resolution  and  desire, 
that  they  may  be  admitted  into  church  fellowship, 
according  to  Christ,  as  soon  as  God  shall  fit  them 
thereunto,  were  desired  to  express  it  by  holding 
up  hands.  Accordingly  all  did  express  this  to  be 
their  desire  and  purpose  by  holding  up  their  hands 
twice,  (viz.)  at  the  proposal  of  it,  and  after  when 
these  written  words  were  read  unto  them. 

"  Query  IV.  All  the  free  planters  were  called 
upon  to  express,  whether  they  held  themselves 
bound  to  establish  such  civil  order  as  might  best 
conduce  to  the  securing  of  the  purity  and  peace 
of  the  ordinance  to  themselves  and  their  posterity 
according  to  God  ?  In  answer  hereunto  they  ex- 
pressed by  holding  up  their  hands  twice  as  before, 
that  they  held  themselves  bound  to  establish  such 
civil  order  as  might  best  conduce  to  the  ends  afore- 
said. 

"  Then  Mr.  Davenport  declared  unto  them,  by 
the  scripture,  what  kind  of  persons  might  best 
be  trusted  with  matters  of  government ;  and  by 
sundry  arguments  from  scripture  proved  that  such 


16  INTRODUCTION. 

men  as  were  described  in  Exod.  xviii.  2,  Deut.  L 
13,  with  Deut.  xvii.  15,  and  1  Cor.  vi.  1,  6,  7, 
ought  to  be  intrusted  by  them,  seeing  they  were 
free  to  cast  themselves  into  that  mould  and  form 
of  commonwealth  which  appeared  best  for  them  in 
reference  to  the  securing  the  peace  and  peaceable 
improvement  of  all  Christ  his  ordinances  in  the 
church  according  to  God,  whereunto  they  have 
bound  themselves,  as  hath  been  acknowledged. 

"  Having  thus  said  he  sat  down,  praying  the 
company  freely  to  consider,  whether  they  would 
have  it  voted  at  this  time  or  not.  After  some 
space  of  silence,  Mr.  Theophilus  Eaton  answered, 
it  might  be  voted,  and  some  others  also  spake  to 
the  same  purpose,  none  at  all  opposing  it.  Then 
it  was  propounded  to  vote. 

"  Query  V.  Whether  free  burgesses  shall  be 
chosen  out  of  the  church  members,  they  that  are 
in  the  foundation  work  of  the  church  being  actually 
free  burgesses,  and  to  choose  to  themselves  out 
of  the  like  estate  of  church  fellowship,  and  the 
power  of  choosing  magistrates  and  officers  from 
among  themselves,  and  the  power  of  making  and 
repealing  laws,  according  to  the  word,  and  the  di- 
viding of  inheritances,  and  deciding  of  differences 
that  may  arise,  and  all  the  businesses  of  like 
nature  are  to  be  transacted  by  those  free  burgesses  ? 
This  was  put  to  vote  and  agreed  unto  by  lifting 
up  of  hands  twice,  as  in  the  former  it  was  done. 
Then  one  man  stood  Up  and  expressed  his  dissent- 
ing from  the  rest  in  part ;  yet  granting,  1.  That 


INTRODUCTION.  17 

magistrates  should  be  men  fearing  God.     2.  That 
the  church  is  the  company  where,  ordinarily,  such 
men  may  be  expected.     3.  That  they  that  choose 
them  ought  to  be  men  fearing  God :  only  at  this 
he  stuck,  that  free  planters  ought  not  to  give  this 
power  out  of  their  hands.     Another  stood  up  and 
answered,  that  nothing  was  done,  but  with  their 
consent.     The  former  answered,  that  all  the  free 
planters  ought  to  resume  this  power  into  their  own 
hands  again,  if  things  were  not  orderly  carried. 
Mr.  Theophilus  Eaton  answered,  that  in  all  places 
they   choose   committees   in   like  manner.      The 
companies   in    London   choose   their  liveries   by 
>        whom  the  public  magistrates  are  chosen.     In  this 
the  rest  are  not  wronged,  because  they  expect,  in 
time  to  be  of  the  livery  themselves,  and  to  have 
\       the  same  power.    Some  others  entreated  the  former 
{       to  give  his  arguments  and  reasons  whereupon  he 
?       dissented.     He  refused  to  do  it,  and  said,  they 
might  not  rationally  demand  it,  seeing  he  let  the 
vote  pass  on  freely  and  did  not  speak  till  after  it 
j        was  past,  because  he  would  not  hinder  what  they 
j       agreed  upon.     Then  Mr.  Davenport,  after  a  short 
relation  of  some  former  passages  between  them 
two  about  this  question,  prayed  the  company  that 
nothing  might  be   concluded    by  them   on  this 
weighty  question,  but  what  themselves  were  per- 
suaded to  be  agreeing  with  the  mind  of  God,  and 
they  had  heard  what  had   been   said   since  the 
voting;  he  entreated  them  again  to  consider  of  it, 
|       and  put  it  again  to  vote  as  before.     Again  all  of 
2* 


18  INTRODUCTION. 

them,  by  holding  up  their  hands,  did  show  their 
consent  as  before.  And  some  of  them  confessed 
that,  whereas  they  did  waver  before  they  came  to 
the  assembly,  they  were  now  fully  convinced,  that 
it  is  the  mind  of  God.  One  of  them  said  that  in 
the  morning  before  he  came,  reading  Deut.  xvii. 
15,  he  was  convinced  at  home.  Another  said, 
that  he  came  doubting  to  the  assembly,  but  he 
blessed  God,  by  what  had  been  said,  he  was  now 
fully  satisfied,  that  the  choice  of  burgesses  out  of 
church  members,  and  to  instruct  those  with  the 
power  before  spoken  of,  is  according  to  the  mind 
of  God  revealed  in  the  scriptures.  All  having 
spoken  their  apprehensions,  it  was  agreed  upon, 
and  Mr.  Robert  Newman  was  desired  to  write  it 
as  an  order  whereunto  every  one  that  hereafter 
should  he  admitted  here  as  planters,  should  submit, 
and  testify  the  same  by  subscribing  their  names  to 
the  order :  Namely,  that  church  members  only 
shall  be  free  burgesses,  and  that  they  only  shall 
choose  magistrates  and  officers  among  themselves, 
to  have  power  of  transacting  all  the  public  civil 
affairs  of  this  plantation  ;  of  making  and  repealing 
laws,  dividing  of  inheritances,  deciding  of  differ- 
ences that  may  arise,  and  doing  all  things  and 
businesses  of  like  nature. 

"  This  being  thus  settled,  as  a  fundamental  agree- 
ment concerning  civil  government,  Mr.  Davenport 
proceeded  to  propound  something  to  consideration 
about  the  gathering  of  a  church,  and  to  prevent  the 
blemishing  of  the  first  beginnings  of  the  church 


INTRODUCTION.  19 

work,  Mr.  Davenport  advised,  that  the  names  of 
such  as  were  to  be  admitted  might  be  publicly  pro- . 
pounded,  to  the  end  that  they  who  were  most  ap- 
proved might  be  chosen  ;  for  the  town  being  cast 
into  several  private  meetings,  wherein  they  that 
lived  nearest  together  gave  their  accounts  one  to 
another  Of  God's  gracious  work  upon  them,  and 
prayed  together  and  conferred  to  their  mutual  edi- 
|  fication,  sundry  of  them  had  knowledge  one  of 
i  another ;  and  in  every  meeting  some  one  was 
more  approved  of  all  than  any  other ;  for  this  reason, 
and  to  prevent  scandals,  the  whole  company  was 
entreated  to  consider  whom  they  found  fittest  to 
nominate  for  this  work. 

"  Query  VI.     Whether  are  you  all  willing  and 
do  agree  in  this,  that  twelve  men  be  chosen,  that 
their  fitness  for  the  foundation  work  may  be  tried ; 
1      however,  there  may  be  more  named,  yet  it  may  be 
\       in  their  power  who  are  chosen,  to  reduce  them  to 
twelve,  and  that  it  be  in  the  power  of  those  twelve 
to  choose  out  of  themselves  seven,  that  shall  be 
most  approved  of  by  the  major  part,  to  begin  the 
church  ? 

"This  was  agreed  upon  by  consent  of  all,  as  was 
expressed  by  holding  up  of  hands,  and  that  so 
many  as  should  be  thought  fit  for  the  foundation 
work  of  the  church,  shall  be  propounded  by  the 
plantation,  and  written  down  and  pass  without  ex- 
\  ception,  unless  they  had  given  public  scandal  or 
\  offence.  Yet  so  as  in  case  of  public  scandal  or 
\  offence,  every  one  should  have  liberty  to  propound 


20  INTRODUCTION. 

their  exception,  at  that  time,  publicly  against  any 
man,  that  should  be  nominated,  when  all  their 
names  should  be  writ  down.  But  if  the  offence 
were  private,  that  men's  names  might  be  tendered, 
so  many  as  were  offended  were  intreated  to  deal 
with  the  offender  privately,  and  if  he  gave  not  sat- 
isfaction, to  bring  the  matter  to  the  twelve,  that 
they  might  consider  of  it  impartially  and  in  the 
fear  of  God." 

It  was  further  decreed  that  all  persons  who 
wished  to  become  "  free  planters  "  or  members  of 
the  association,  should  subscribe  to  the  preceding' 
articles.  Accordingly  on  the  22d  of  August,  1639, 
more  than  a  hundred  individuals  complied  with  this 
requisition,  and  by  them  seven  leading  men  were  af- 
terward chosen  as  the  rulers  of  the  colony,  and  as 
the  heads  of  the  church.  At  that  time  it  was  or- 
dered, that  all  former  regulations  for  the  govern- 
ment of  the  public  affairs  of  the  plantation  which 
existed  should  be  abrogated ;  and  that  thenceforth 
the  new  rules  and  provisions  should  alone  be  author- 
itative and  supreme.  Thus  the  ecclesiastical  and 
civil  affairs  of  the  colony  of  New  Haven,  its  church 
and  state  were  incorporated  into  one ;  it  became, 
in  fact,  a  diminutive  theocracy,  in  which  the  secu- 
lar interests  of  the  community  were  governed  en- 
tirely  by  laws  which  were  professedly  drawn  from 
the  principles  taught,  and,  as  far  as  circumstances 
permitted,  from  the  examples  given,  in  the  Scrip- 
tures.  Theophilus  Eaton  was  chosen  the  first  go- 
vernor; Rev.  John  Davenport  remained  the  pastor 


INTRODUCTION. 

and  spiritual  guide  ;  and  the  chief  authority  was 
possessed,  for  the  time  being,  by  these,  and  their 
five  associates  in  the  magistracy.  The  officers 
were  chosen  annually,  at  a  general  meeting  of  the 
free  planters,  that  is,  members  of  the  church,  which 
convened  at  New  Haven  in  October.  In  all  things 
the  Scriptures  were  made  the  standard  of  civil  and 
religious,  of  secular  and  ecclesiastical  law ;  all  au- 
thority was  placed  in  the  members  of  the  church ; 
and  they  elected  to  office  those  who  were  dele- 
gated to  administer  the  affairs  of  the  colony. 

17.  PROGRESS  AND  GROWTH  OF  THE  CONNECTICUT  COLONIES. 
Not  withstanding  the  fact  that  the  colonists  of  Con- 
necticut derived  their  title  to  their  lands  by  purchase 
from  the  English  patentees,  they  exhibited  a  com- 
mendable degree  of  honesty,  by  effecting  a  second 
purchase  of  the  same  territories  from  the  original 
Indian  owners.  Thus  they  fulfilled  a  law  of  equity 
which  was  not  always  observed  by  the  various 
emigrants  from  the  Old  World,  who  settled  in  the 
different  portions  of  the  original  colonies.  At  the 
fame  time,  the  people  of  Connecticut  adopted  laws 
for  the  protection  of  the  Indians  by  whom  they  were 
still  surrounded  ;  and  in  many  cases  they  were 
permitted  to  erect  wigwams,  and  to  reside  on  the 
very  lands  which  had  been  purchased  from  them. 
They  were  also  allowed  to  fish  and  hunt  without 
restraint,  throughout  the  whole  territory  which 
had  thus  become  the  property  of  the  colonists  by  a 
double  title. 


LIBRARY 
of 


22  INTRODUCTION. 

As  time  progressed,  as  the  settlements  increased, 
as  new  exigencies  and  relations  sprang  up,  it  be- 
came necessary  to  enact  more  minute  laws  for  the 
government  of  those  concerned  ;  and  thus  that  cel- 
ebrated code  at  present  stigmatized  as  the  "Blue 
Laws,"  began  to  be  framed,  and  gradually  in- 
creased until  their  completion.  The  first  of  these, 
in  the  order  of  time,  were  those  enacted  on  the  2d 
of  April,  1642,  and  which  were  known  as  the 
"Capital  laws"  of  Connecticut.  They  were 
twelve  in  number,  and  their  purpose  was  to  pun- 
ish according  to  the  penalties  enacted  in  the  Old 
Testament,  those  offenses  which  were  forbidden  by 
them.  The  texts  of  Scripture  on  which  they 
were  based  were  added  to  each  law,  as  dicta  pro- 
bantia,  showing  the  divine  authority  by  which 
they  were  defended.  These  laws  will  be  found  in  the 
succeeding  pages,  and  they  are  a  singular  specimen 
of  jurisprudence.  Thus  .they  enact,  inter  alia, 
that  if  a  man  or  woman  be  a  witch,  or  hath  con- 
sulted with  a  familiar  spirit,  they  shall  be  put  to 
death,  (Exod.  xxii.  18.  Levit.  xx.  22.)  If  any 
man  steal  a  man  or  mankind,  or  selleth  him,  or  he§  ; 
be  found  in  his  hand,  he  shall  be  put  to  death. 
(Exod.  xxi.  16.) 

Other  measures  were  gradually  adopted  to  im- 
prove the  condition  of  these  colonies,  to  perfect  their  [ 
government,  and  to  consolidate  their  power. 
Young  colonies,  such  as  those  of  Stamford  and 
Guilford,  which  had  more  recently  been  founded, 
were  received  by  their  deputies  at  a  General  Court 


INTRODUCTION.  23 

held  at  New  Haven  in  April,  1643,  as  member  of 
the  confederacy. 

About  the  same  time  an  important  improvement 
was  made  in  the  judicial  practice  of  the  settle- 
ments, by  the  introduction  of  juries.  Previous  to 
this  period  the  magistrates  had  possessed  exclusive 
jurisdiction  in  the  hearing  of  trials,  and  in  impos- 
ing and  executing  penalties.  But  now,  juries  were 
appointed  and  minute  regulations  were  adopted, 
for  their  guidance  and  direction.  It  was  decreed 
that,  the  jury  having  attended  diligently  to  the 
evidence  given  in  the  trial  of  causes,  if  they  could 
not  all  agree  in  their  verdict,  they  should  give  their 
reasons  to  the  court,  who  should  answer  and  ex- 
plain the  alleged  difficulties,  and  send  them  out 
again.  If  after  further  deliberation,  they  could 
not  then  agree  upon  their  verdict,  it  was  ordered, 
that  a  majority  of  the  jury  should  determine  the 
issue ;  but  if  the  jury  should  still  be  equally  divided  in 
adverse  judgments,  they  should  represent,  the  case 
to  the  court,  stating  their  several  reasons  at  length , 
when  a  special  verdict  should  be  drawn  up,  by  a 
.vote  of  the  majority  of  the  magistrates  or  judges 
combined  with  the  majority  of  .the  jurors.  At  this 
period,  in  16'43,  a  further  imprpvement  was  made 
in  the  judicial  machinery  of  the  colonies  by  the  in- 
troduction of  grand-juries,  whose  functions,  similar 
to  those  of  grand-juries  in  the  mother  country, 
were  till  then  unknown  in  Connecticut. 

Another  important  event  in  the  history  of  these 
colonies  occurred  in  1643.  The  perils  which  sur- 


24  INTRODUCTION. 

rounded  them,  from  the  hostile  savages  on  one 
hand,  and  from  the  rival  Dutch  settlers  in  New 
Amsterdam  on  the  other,  induced  the  English  colo- 
nis,  =?  of  New  England  at  that  period  to  enter  into 
a  general  confederacy,  for  the  purposes  of  mutual 
protection.  The  matter  had  been  under  consider- 
ation for  some  years;  and  various  attempts  had 
been  made  to  consummate  the  desired  union.  On 
several  occasions  prominent  members  of  the  Con- 
necticut colonies  had  visited  Boston  for  the  pur- 
pose of  effecting  some  decisive  result,  but  without 
success.  At  length  common  dangers  by  which 
they  were  surrounded,  produced  a  greater  spirit  of 
willingness  on  the  part  of  Massachusetts  to  co-op- 
erate in  the  work.  Accordingly  on  the  19th  of  May 
1643,  while  the  general  court  of  that  colony  was  in 
session,  commissioners  were  sent  from  Connecticut 
to  renew  the  proposals  for  a  defensive  union.  Go- 
vernor Haynes  from  Hartford,  Governor  Eaton  from 
New  Haven,  and  five  other  leading  members  were 
chosen  for  this  mission;  and  commissioners  were  ap- 
pointed by  the  general  court  of  Massachusetts  to  con- 
fer with  them,  and  to  deliberate  upon  articles  of  am- 
ity and  co-operation.  Their  labors  were  successful, 
for  they  convened,  not  so  much  to  debate  and 
wrangle,  as  to  act,  and  harmonize,  and  accomplish 
something.  The  accordingly  adopted  articles  of 
confederation  the  main  purport  of  which  was  as 
follows : 

They  declared,  in  their  preamble,  that  all  the  colo- 
nists whom  they  represented  had  emigrated  to 


INTRODUCTION.  25 

America  for  the  same  end, — to  advance  the  king- 
dom of  Jesus  Christ  and  t»  enjoy  the  privileges 
of  the  gospel  in  purity  and  peace  ;  that  they  con- 
ceived it  to  be  their  duty  to  enter  into  a  compact  for 
their  mutual  protection  ;  that  they  were  all  of  the 
same  nation  and  religion,  and  hence  desired  to  be 
and  to  remain  united ;  and  that  therefore  they 
would  adopt  the  following  articles  under  the  name 
and  designation  of  the  "  United  Colonies  of  New 
England." 

They  declared  further,  therefore,  that  they  and 
the  persons  whom  they  represented  did  thereby, 
jointly  and  severally,  enter  into  a  firm  and  perpetual 
league  of  friendship,  both  offensive  and  defensive, 
promising  each  other  mutual  aid  and  succor,  upon 
all  just  occasions,  both  for  preserving  and  propaga- 
ting the  gospel,  and  for  their  own  mutual  safety  and 
benefit;  that  each  colony  reserved  to  itself  the  exclu- 
sive control  of  its  own  affairs ;  that  no  two  colonies 
could  be  united  into  one,  nor  any  other  colony  re- 
ceived into  the  confederacy,  without  the  consent 
of  the  whole ;  that  each  colony  should  annually 
send  two  commissioners,  both  of  whom  should 
in  all  cases  be  church  members  to  meet  alternately 
at  Boston,  Hartford,  New  Haven,  and  Plymouth, 
for  the  purpose  of  deliberation  and  action,  who 
were  vested  with  plenary  power  to  make  war  and 
peace,  to  adopt  laws  and  regulations  of  a  civil  na- 
ture and  general  concern  ;  and  especially  to  have 
jurisdiction  over  afifairs  relating  to  the  Indians,  to 
the  general  defense  of  the  country,  and  to  the  ad- 


26  INTRODUCTION. 

vancement  of  religion.  The  expense  of  the  wars 
incurred  by  these  means  was  to  be  borne  by  all 
in  proportion  to  the  number  of  male  inhabitants  of 
each  between  the  ages  of  sixteen  and  sixty. 

It  was  also  provided,  that  upon  notice  being 
given  by  three  magistrates  of  any  of  the  con- 
federated colonies,  that  an  invasion  was  antici- 
pated, the  other  colonies  were  to  send  immediate 
assistance,  in  the  case  of  Massachusetts,  a  hundred 
men,  and  forty-five  men  from  each  of  the  other 
settlements.  If  a  greater  number  was  found  to 
be  necessary  the  commissioners  were  to  assemble 
forthwith  and  determine  the  addition,  and  the  pro- 
portion of  it  due  from  each  colony.  No  colony  could 
engage  in  hostilities  without  the  consent  of  the 
whole  confederation.  The  articles  also  enacted  that 
all  "servants"  running  from  their  masters,  all  crimi- 
nals flying  from  justice,  and  escaping  from  one 
colony  into  another,  should  be  delivered  up  upon 
a  requisition  being  made  :  thus,  perhaps,  furnish- 
ing the  original,  after  which  the  beneficent  extra- 
dition usages  of  the  present  day,  and  prevalent 
throughout  many  communities,  may  have  been 
modeled.  The  confederation  thus  adopted  proved 
in  succeeding  times  exceedingly  beneficial  to  the 
colonies,  and  tended  to  their  preservation  and  se- 
curity amid  the  horrors  which  subsequently  ensued 
on  many  occasions  of  critical  and  imminent  peril ; 
during  the  war  with  King  Philip,  the  hostili- 
ties with  the  Dutch,  and  the  insidious  rivalries  of 
the  French.  This  confederation  remained  in  bene- 


INTRODUCTION.  27 

ficent  force  during  forty  years,  until  James  II. 
of  England,  by  one  of  the  most  arbitrary  and 
infamous  acts  of  his  despotism,  abrogated  the 
charters  of  the  colonies  of  New  England.* 

V.   BISTORT  OF  THE  CONNECTICUT  COLONIES  TILL  THE 
ADOPTION  OP  THE  BLUE  LAWS. 

The  chief  difficulties  which  surrounded  these 
colonies  at  this  period,  resulted  from  the  continued 
hostility  of  the  Indians.  These  aborigines  still 
inhabited  the  forests  and  roamed  over  the  lands 
adjacent  to  the  settlements  of  the  English ;  and 
deeds  of  private  vengeance  were  inflicted  by  them 
from  time  to  time,  which  called  for  signal  punish- 
ment. A  rumor  prevailed,  that  the  savages  had 
I  made  a  solemn  threat  to  exterminate  the  colonies 

*  In  1643  a  further  improvement  was  introduced  into 
the  judicial  government  of  the  Connecticut  colonies, 
by  the  adoption  of  a  law,  passed  in  a  general  conven- 
tion of  the  free  planters,  all  of  them  being  church 
members  in  good  standing,  which  created  a  Court  of 
Appeals.  This  court  consisted  of  all  the  magistrates  of 
the  colonies  of  Connecticut,  who  were  required  to  meet 
twice  a  year  at  New  Haven,  on  the  Mondays  preceding 
the  general  courts  of  April  and  October,  to  hear  appeals 
from  the  several  courts  of  the  colonies,  and  to  determine 
all  causes,  both  civil  and  criminal,  which  were  sub- 
mitted by  the  appellants.  Each  magistrate  was  obliged 
to  attend,  under  penalty  of  a  heavy  fine  ;  the  judg- 
ments of  the  court  were  to  be  determined  by  the  voices 
of  the  majority;  and  their  decisions  were  the  last  re- 
sort,,and  of  the  highest  authority. 


28  INTRODUCTION, 

entirely,  and  sweep  the  strangers  from  the  face  of 
the  territory  into  which  they  had  intruded.  In 
September,  1644,  the  commissioners  from  all  the 
New  England  colonies  convened  at  Hartford,  under 
the  new  treaty ;  and  the  impending  perils  from  the 
Indians  became  the  subject  of  deliberation.  They 
sent  Thomas  Stanton  their  interpreter,  to  the 
Narragansetts  and  Moheagans,  for  the  purpose  of 
inviting  their  sachems  to  meet  the  commissioners 
at  Hartford,  and  adopting  some  terms  of  concilia- 
tion and  amity.  The  savages  complied,  a  "grand 
talk"  was  held  between  the  representatives  of  the 
two  races,  a  hollow  peace  was  patched  up  between 
them,  and  further  scenes  of  blood  and  violence  for 
a  time  suspended.  The  Indians  left  several  of 
their  number  with  the  English  as  hostages  for  the 
performance  of  their  engagements ;  and  a  day  was  | 
appointed  by  the  colonies  for  fasting  and  thanks- 
giving at  this  apparently  propitious  event. 

In  the  following  year,  (1645)  trouble  came  from 
a  different  quarter.  The  Dutch  colonists  of  New 
Amsterdam  were  actuated  by  a  spirit  of  jealous 
rivalry  toward  their  neighbors.  Governor  Kieft 
sent  an  insulting  letter  to  Mr.  Eaton,  the  governor 
of  the  colony  of  New  Haven,  charging  him  and 
his  people  with  a  desire  to  encroach  upon  the 
rights  of  the  Dutch ;  that  they  had  entered  within 
the  limits  of  New  Netherlands;  that  they  were 
the  disturbers  of  the  public  peace ;  and  he  threat- 
ened that,  unless  reparation  were  made  for  the 
injuries  inflicted  on  their  property  and  trade,  he 


INTRODUCTION.  29 

would  proceed  to  acts  of  violence  and  retribution. 
To  this  communication  Governor  Eaton  responded, 
that  the  colonists  of  New  Haven  had  never  entered 
on  any  lands  to  which  the  Dutch  possessed  the 
slightest  claim ;  that  the  former  though  often 
aggrieved  by  the  Dutch,  had  done  nothing  incon- 
sistent with  the  law  of  nations,  the  law  of  God, 
or  the  ancient  treaties  which  existed  between  Eng- 
land and  Holland ;  and  they  were  further  willing 
to  submit  the  questions  in  dispute  to  the  decision 
of  impartial  umpires,  either  in  Europe  or  America. 
Meanwhile,  the  Dutch  who  had  settled  at  Hart- 
ford maintained  a  separate  and  hostile  attitude 
toward  the  English  colonists  at  that  place,  and 
lived  under  an  independent  jurisdiction.  Whenever 
opportunities  occurred  by  which  they  could  annoy 
and  disturb  their  rivals,  they  eagerly  embraced 
them.  Thus  it  is  narrated,  that  an  Indian  woman, 
of  pleasing  appearance,  who  had  been  engaged  in 
service  to  one  of  the  English,  and  who  had  been 
guilty  of  some  act  which  rendered  her  amenable 
to  a  penalty  under  their  rigorous  laws,  having  fled 
to  the  Dutch,  they  refused  to  give  her  up ;  and 
although  the  English  authorities  demanded  her,  as 
a  fugitive  from  justice,  yet,  the  Dutch  governor, 
"in  the  heighth  of  disorder,"  quoth  the  ancient 
chronicler,  resisted  the  demand,  drew  his  sword 
upon  the  applicant,  and  retained  the  woman,  "for 
the  purpose  of  wantonness."*  A  correspondence 

*  Records  of  the  United  Colonies. 

~^^^s*^~^S 


INTRODUCTION. 

afterward  ensued  between  the  commissioners  of 
the  colonies  and  Governor  Kieft  of  New  Amster- 
dam, in  which  much  bitterness  was  exhibited  on  both 
sides,  and  which  led  to  no  results  of  any  importance, 
save  to  increase  the  spirit  of  hostility  between  the 
rival  colonies.  These  disputes  furnished  another  evi- 
dence of  the  truth  of  the  assertion,  that  "the  natural 
state  of  mankind  is  war;"  because  these  colonists 
quarreled  with  each  other  apparently  from  an 
inherent  necessity  of  conflict,  and  impossibility  of 
harmony  ;  for  all  their  interests,  their  commercial 
profits,  and  their  protection  against  the  Indians,  who 
were  their  common  foe,  should  have  urged  them  to 
maintain  constant  friendship,  co-operation  and 
unity. 

In  1648  several  changes  of  importance  were 
made  in  the  regulations  which  governed  the  Con- 
necticut colonies.  Previous  to  this  period,  all  the 
magistrates. rendered  their  services  without  salary, 
being  compensated  by  the  honor  conferred  upon 
them.  In  this  year  the  General  Court  decreed 
that  thenceforth  the  governor  should  receive  thirty 
pounds  annually;  and  other  sums  were  appropriated 
to  other  functionaries.  Excessive  rigor  seems  at  this 
time  to  have  characterized  all  the  new  regulations 
adopted  by  the  magistrates.  Thus  the  use  of  to- 
bacco was  at  this  period  first  prohibited ;  and  it 
was  enacted  that  whoever  should  use  the  weed 
without  the  certificate  of  a  physician  and  the  per- 
mission of  the  court,  should  be  fined  sixpence  for 


I 

INTRODUCTION.  31 

\ 

each  offense.     "  And  it  was  farther  ordered  that 
the  fines  should  be  paid  without  gainsaying."* 

Ai  this  period  the  colonies  of  Connecticut  en- 
joyed repose,  increased  in  numbers,  and  were  un- 
disturbed by  attacks  from  the  surrounding  savages. 
Another  colony  was  now  founded  at  New  London. 
Friendly  relations  were   commenced   with  Peter 
i        Stuyvesant,  who  had  recently  been  appointed  gov- 
ernor of  the  Dutch  colony,  which  led  to  mutual 
benefits.     The  commissioners  of  the  New  England 
s       colonies  met  regularly,  and  adjusted  the  affairs  of 
,;       their  several  constituents  with  wisdom  and  im- 
;|       partiality.     It  is  recorded  that  in  the  year  1649, 
the  whole  expense  incurred  by  the  confederation  was 
one  thousand  and  forty-three  pounds ;  of  which  sum 
a  hundred  and  fifty-five  pounds  seventeen  shillings 
and  seven  pence   were    due  to    Connecticut,  as 
having  been  expended  over  and  above  their  pro- 
portion, in  the  common  defense. 

We  have  now  arrived  at  the  period  when  the 
code  of  laws  contained  in  the  following  pages,  was 
framed  and  adopted.  Until  this  date,  the  municipal 
regulations  which  governed  the  colonies  of  Con- 
;  necticut  were  scattered  among  various  depositaries. 
In  the  adjudication  of  many  causes,  and  in  the 
punishment  of  many  offenses,  the  magistrates  were 
allowed  and  compelled  to  exercise  a  wide  discre- 
tion ;  and  accordingly,  a  great  diversity  existed  in 
regard  to  the  punishments  inflicted  at  different 

*  Records  of  Connecticut,  vol.  L,  p.  170. 


82  INTRODUCTION. 

times  by  different  magistrates  for  the  same  crimes. 
Thus,  for  instance,  slander  was  punished  by  fine, 
scourging  and  imprisonment.  In  1646,  Ro"bert 
Bartlett,  for  thia  offense  was  sentenced  to  stand  in 
the  pillory  during  the  public  lecture,  to  be  whipped, 
to  pay  a  fine  of  five  pounds,  and  to  suffer  six 
months'  imprisonment.  Not  long  after,  Daniel 
Turner,  for  the  same  crime,  under  equally  aggra- 
vated circumstances,  was  whipped,  imprisoned  for 
one  month,  then  whipped  again,  and  then  held  to 
bail  to  hold  his  tongue.  Unchastity  was  in  some 
cases  punished  by  setting  in  the  pillory,  and  in 
others,  by  whipping  from  one  town  to  another. 

It  was  now  resolved  by  the  General  Court 
whose  jurisdiction  extended  over  the  Connecticut 
colonies,  that  a  collection  of  all  the  laws  which 
were  then  in  force,  should  be  made ;  and  that  they 
should  be  revised,  digested,  and  incorporated  into 
one  code.  Mr.  Roger  Ludlow,  who  had  recently 
retired  from  the  office  of  deputy  governor  of  Hart- 
ford, and  was  then  one  of  the  magistrates  of  that 
colony,  was  appointed  by  the  court  to  perform  this 
duty.  He  was  one  of  the  most  esteemed  and  in- 
fluential of  the  colonists,  and  was  well  worthy  of 
the  important  trust  confided  to  him.  He  labored 
industriously  upon  his  task  and  spent  several  years 
in  accomplishing  it.  The  result  of  his  labors  was 
the  preparation  of  the  celebrated  code  now  known 
as  the  "  Blue  Laws,"  and  which  are  contained  in 
Part  II.  of  the  following  work,  under  the  title  of 
the  Code  of  1650.  They  were  presented  by  him 


INTRODUCTION. 

in  this  consolidated  form  to  the  General  Court, 
and  by  them  approved  and  adopted,  as  the  law  of 
the  Connecticut  colonies.  Some  changes  were 
also  made  in  the  jurisdiction  of  the  judges ;  in 
cases  where  a  jury  could  not  agree  in  the  trial  of 
a  cause,  they  were  authorized  to  impannel  a  new 
one ;  and  when  they  thought  that  the  jury  had 
imposed  excessive  or  insufficient  damages,  they 
were  allowed  to  alter  and  amend  the  verdict  ac- 
cording to  their  sense  of  justice.*  These  laws 
remained  in  operation  until  1686,  when  Andros, 
who  had  been  appointed  Governor  of  New  Eng- 
land by  James  II.,  repaired  to  Hartford,  suspended 
the  operation  of  the  existing  charter  and  lasvs,  and 
ruled  the  colonies  by  statutes  dictated  by  the  au- 
thority of  the  British  monarch. 

We  conclude  this  introduction  with  some  ob- 
servations on  the  character  and  qualities  of  the 
men  who  contrived,  enforced,  and  obeyed  these 
extraordinary  enactments. 

1.  It  is  evident  that  the  men  who  framed  them 
were  conversant  with  the  principles  of  the  common 
and  statute  law  of  England ;  that  vast  and  stu- 
pendous monument  of  intellect  and  research,  leges 
scriptce  et  non  scriptae,  which  had  been  accumu'- 
lating  in  the  mother  country  during  many  pre- 
vious ages  of  the  national  existence.  The  truth 
of  this  assertion  will  be  evinced  by  a  glance  at  the 
laws  themselves ;  for  the  provisions  there  made 

Old  Connecticut  code,  p.  170. 


34  INTRODUCTION. 

respecting  Barratry,  Attachments,  Bills,  Convey- 
ances, Escheats,  Caveats,  and  other  matters,  de- 
monstrate that  the  authors  were  not  unlearned  in 
the  law,  but  had  tasted  of  the  fountain  whose 
waters  were  enriched  with  the  affluent  and  precious 
contributions  of  Bracton,  Littleton  and  Coke. 
The  prudence  with  which  they  provided  for  the 
government  of  the  towns  within  their  jurisdiction, 
indicates  that  they  were  acquainted  also  with  the 
principles  of  municipal  law;  comprising  those 
rules  of  action,  emanating  from  the  supreme 
power  in  the  state,  which  govern  the  conduct  and 
protect  the  rights  of  men,  when  associated  to- 
gether as  a  community.  Nor  do  they  seem  to 
have  been  ignorant  or  neglectful  of  the  great  prin- 
ciples of  natural  law ;  of  those  principles  of  ab- 
stract right  and  justice,  which  the  Creator  intended 
should  have  a  controlling  influence  over  human 
conduct,  and  which  may  be  deduced  by  the  im- 
partial exercise  of  reason,  from  the  structure  of 
man's  own  nature,  from  the  teachings  of  his  ex- 
perience, and  from  the  phenomena  of  the  universe 
around  him.* 
2.  But  whatever  may  have  been  the  respect 

*  The  Roman  Jurists  defined  Natural  Law  in  general 
to  be  quod  natura  omnia  animalia  docuit.  Justin.  Inst.  Tit. 
II.,  §  1.  They  elsewhere  define  what  they  regarded  as 
the  fundamental  principles  or  duties  inculcated  by  it : 
Juris  prcecepta  sunt  JICEC  ;  honeste  vivere,  alterum  non  Icedere, 
suum  cuique  tribuere.  Ibid.  Tit.  I.,  §  3.  These  injunctions 
the  Puritans  of  Connecticut  rigidly  obeyed. 


INTRODUCTION.  35 

paid  bj  the  framers  of  the  Blue  Laws  to  these 
sources  of  juridical  knowledge,  they  were  pious 
and  conscientious  men,  who,  in  all  cases  accorded 
paramount  deference,  over  every  other  source  of 
authority,  to  what  they  believed  to  be  the  teach- 
ings of  the  Scriptures.  In  every  instance  in 
which  a  collision  or  rivalry  existed  between  these 
standards  of  justice,  the  scriptures  were  appealed 
to  as  the  ultima  ratio,  the  suprema  lex.  They 
were  the  first  "higher  law"  people  who  ever  existed 
on  this  continent ;  and  they  frequently  appended 
to  their  statutes,  the  passages  of  scripture  from 
which  their  substance  was  derived,  especially  in 
extreme  or  doubtful  cases.  Of  this  class  were 
those  instances  in  which  the  penalty  of  death  was 
imposed,  to  which  reference  has  already  been  made. 
Yet  we  would  not  by  any  means  intimate  that 
these  Puritans  were  faultless,  either  in  principle 
or  in  conduct.  They  seem  in  a  few  respects,  in- 
deed, to  have  been  singularly  destitute  of  a  proper 
conception  of  the  spirit  and  teaching  of  that  very 
religion  which  they  professed.  They  were  guilty 
of  some  acts  which  cannot  be  justified.  They 
sometimes  beheaded  prisoners  taken  in  war ;  and 
having  executed  the  Indian  sachems  whom  they 
captured,  they  enslaved  their  women  and  children. 
They  exhibited  a  censurable  spirit  by  placing  the 
heads  of  their  slain  enemies  on  polls,  to  be  gazed 
at  as  monuments  of  their  prowess  and  triumph. 
It  is  the  more  singular  that  they  should  have  en- 
slaved their  Pequot  captives,  as  there  is  a  provision 


36  /INTRODUCTION. 

among  the  Blue  laws,  forbidding  the  holding  or 
selling  of  slaves. 

3.  These  remarkable  men  were  enthusiasts  in 
their  religion  ;  and  had  made  heavy  sacrifices,  in 
order  to  obtain  the  boon  of  religious  liberty. 
They  had  endured  the  horrors  of  the  primeval  for- 
est, perils  from  hostile  and  treacherous  savages, 
cold,  hunger,  and  almost  every  possible  ill,  to  es- 
cape from  the  encroachments  of  ecclesiastical  ty- 
ranny. They  were  the  same  class  of  men  who 
overturned  the  ancient  monarchy  of  Britain ;  the 
partisans  of  Cromwell,  Hampden,  Vane,  and  the  rest 
of  that  stern  and  inflexible  race,  who  became  the 
founders  of  the  once  glorious  and  powerful  com- 
monwealth of  England.  They  had  many  pecu- 
liarities which  might  readily  provoke  the  laughter 
of  their  cotemporaries,  and  of  posterity.  The 
very  names  which  they  adopted,  in  their  excessive 
sanctity,  render  them  an  object  of  amusement  to 
this  day,  such  as :  Stand-fast-on-high  Stringer,  Kill- 
Sin  Pimple,  More-fruit,  Fowler,  Fight-the-good- 
fight-of-faith  White,  If-Christ-had-not-died-for- 
you-you-had-been-damned  Barebones,  more  com- 
monly termed,  for  the  sake  of  brevity,  Damned 
Barebones.  But  in  spite  of  these  and  other  ob- 
jectionable peculiarities  they  were  well  worthy  of 
admiration  ;  for  enthusiasm,  which  is  essential  to 
success  in  every  great  and  good  enterprise,  was 
their's  in  a  pre-eminent  degree  ;  and  conscientious 
integrity  always  deserves  respect,  though  united 
with  qualities  which  the  sensualist  and  the  for- 


INTRODUCTION.  37 

malist  may  deride.  The  early  New  England  Pu- 
ritans were  in  many  important  respects  a  model 
for  after-ages ;  and  even  the  extreme  rigor  which 
characterizes  these  Blue  Laws,  and  which  is  the 
chief  subject  of  ridicule  in  connection  with  them ; 
what  is  it,  but  in  one  sense  a  just  praise  and 
honor  to  their  authors  ?  What  legislature  would 
now  dare  to  adopt  such  regulations,  and  impose  on 
their  constituents  a  standard  of  morality  so  high  ? 
What  community  in  this  age,  would  obey  such 
laws  ?  In  what  land,  or  by  what  government 
could  they  be  enforced  ?  By  none  whatever. 
These  Puritans,  in  that  remote  period  of  peril  and 
uncertain  struggle  laid  the  broad  and  firm  founda- 
tion of  that  religious  and  civil  edifice,  the  super- 
structure of  which  others,  in  more  propitious  and 
enlightened  tunes  have  so  gorgeously  built ;  but 
which  could  never  have  been  erected  unless  they 
had  performed  their  primal  part,  with  such  signal 
virtue  and  ability ;  and  it  would  be  as  unjust  to 
condemn  them  because  they  were  not  the  possess- 
ors of  every  excellence,  as  it  would  be  preposter- 
ous to  censure  Columbus,  for  not  havudfc  discovered 
the  western  world,  in  a  colossal  ship  propelled  by 
steam. 


THE 


BLUE  LAVS  OF  CONNECTICUT. 


BLUE  LAWS  OF  CONNECTICUT. 


I. 

0t  CiMI 


ADOPTED  BY  THE  TOWNS  OF  WINDSOR,  HARTFOED, 
.  AND  WEATHEKSFIELD,  IN  1638-9. 

FFORASMUCH  as  it  hath  pleased  the  Al- 
mighty God,  by  the  wise  disposition  of 
his  divine  providence,  so  to  order  and 
dispose  of  things,  that  we  the  Inhabi- 
tants and  residents  of  Windsor,  Hartford, 
and  Weathersfeild,  are  now  cohabiting, 
and  dwelling  in  and  uppon  the  river  of 
Conneticutt,  and  the  lands  thereunto 
adjoining,  and  well  knowing  when  a 
people  are  gathered  together,  the  word 
of  God  requires,  that  to  meinteine  the 

(41) 


42  BLUE  LAWS  OF   CONNECTICUT. 

peace  and  union  of  such  a  people,  there 
should  bee  an  orderly  and  decent  gov- 
ernement  established  according  to  God, 
to  order  and  dispose  of  the  affaires  of 
the  people  at  all  seasons,  as  occassion  > 
shall  require;  doe  therefore  associate 
and  conjoine  ourselves  to  bee  as  one 
publique  STATE  or  COMMONWEALTH  ;  and 
doe  for  ourselves  and  our  successors,  and 
such  as  shall  bee  adjoined  to  us  at  any 
time  hereafter,  enter  into  combination 
and  confederation  together,  to  meinteine 
and  preserve  the  libberty  and  purity  of 
the  Gospell  of  our  Lord  Jesus,  which 
we  now  profess,  as  also  the  discipline  of 
the  churches,  which,  according  to  the 
truth  of  the  said  Gospell,  is  now  prac- 
tised amongst  us;  as  allso  in  our  civill 
affaires  to  be  guided  and  governed  ac- 
cording to  such  lawes,  rules,  orders,  and  (< 
decrees,  as  shall  bee  made,  ordered,  and 
decreed,,  as  followeth: 


BLUE  LAWS  OF  CONNECTICUT.  43 

1.  It   is   ordered,  sentenced,  and    decreed, 
That  there  shall  bee  yearly  two  Generall  As- 
sembly's or  Courts,  the  one  the  second  Thurs- 
day in  Aprill,  the  other  the  second  Thursday 
in  September  following:    The  first  shall  bee 
called  the  Courte  of  Election,  wherein  shall 
bee  yearely  chosen,  from  time  to  time,  so  many 
magistrates  and  other  publique  officers,  as  shall 
bee  found  requisite,  whereof  one  to  bee  chosen 
Governor  for  the  yeare   ensuing,  and  untill 
another  bee  chosen,  and  no  other  magistrate  to 
bee  chosen  for  more  then  one  yeare ;  provided 
always,  there  bee  six  chosen  beside  the  Gov- 
ernor, which  being  chosen  and  sworne  accord- 
ing to  an  oath  recorded  for  that  purpose,  shall 
have  power  to  administer  justice  according  to 
the  lawes  here  established,  and  for  want  thereof, 
according  to  the  rule  of  the  word  of  God; 
which  choyce  shall  bee  made  by  all  that  are 
admitted  Freemen,  and  have  taken  the  oath  of 
fidelity,  and  do  cohabit  within  this  jurissdiction, 
having  beene  admitted  inhabitants  by  the  major 
parte  of  the  town  where  they  live  or  the  major 
parte  of  such  as  shall  bee  then  present. 

2.  It  is  ordered,  sentenced,  and  decreed,  That 


44  BLUE  LAWS  OF   CONNECTICUT. 

the  Election  of  the  aforesaid  magistrate  shall 
bee  on  this  manner';  every  person  present  and 
qualified  for  choyce,  shall  bring  in  (to  the 
persons  deputed  to  receive  them)  one  single 
paper,  with  the  name  of  him  written  in  it 
whom  he  desires  to  have  Governor,  and  hee 
that  hath  the  greatest  number  of  papers  shall 
bee  Governor  for  that  yeare :  And  the  rest  of 
the  Magistrates  or  publique  officers,  to  be 
chosen  in  this  manner ;  the  Secretary  for  the 
time  being,  shall  first  read  the  names  of  all 
that  are  to  bee  put  to  choyce,  and  then  shall 
severally  nominate  them  distinctly,  and  every 
one  that  would  have  the  person  nominated  to 
bee  chosen,  shall  bring  in  one  single  paper 
written  uppon,  and  hee  that  would  not  have 
him  chosen,  shall  bring  in  a  blanke,  and  every 
one  that  hath  more  written  papers  than  blanks, 
shall  bee  a  magistrate  for  that  yeare,  which 
papers  shall  bee  received  and  told  by  one  or 
more  that  shall  bee  then  chosen,  by  the  Courte, 
and  sworne  to  bee  faithfull  therein ;  but  in  case 
there  should  not  bee  six  persons  as  aforesaid, 
besides  the  Governor,  out  of  those  which  are 
nominated,  then  hee  or  they  which  have  the 


BLUE   LAWS  OF   CONNECTICUT.  45 

most  written  papers,  shall  bee  a  Magistrate  or 
Magistrates  for  the  ensuing  yeare,  to  make  up 
the  aforesaid  number. 

3.  It  is   ordered,   sentenced,  and   decreed, 
That  the   Secretary  shall  not  nominate   any 
person,  nor  shall  any  person  bee  chosen  newly 
into  the  Magistracy,  which  was  not  propounded 
in  some  General  Courte  before,  to  bee  nomi- 
nated the  next  election:  And  to  that  end,  it 
shall  be  lawfull  for  each  of  the  Townes  afore- 
said, by  theire  Deputies,  to  nominate  any  two 
whoe  they  conceive  fitt  to  be  put  to  election, 
and  the  Courte  may  add  so  many  more  as  they 
judge  requisite. 

4.  It  is    ordered,   sentenced,   and    decreed, 
That  no  person  bee  chosen  Governor  above 
once  in  two  years,  and  that  the  Governor  bee 
always  a  member  of  some  approved  congrega- 
tion, and  formerly  of  the  magistracy,  within 
this  Jurissdiction,  and  all  the  Magistrates,  ffree- 
rnen   of   this    Commonwealth ;    and    that  no 
Magistrate  or  other  publique  Officer,  shall  exe- 
cute any  parte  of  his  or  theire  office  before 
they   are  severally  sworne,   which   shall  bee 
done  in  the  face  of  the  Courte,  if  they  bee 


46  BLUE  LAWS   OP   CONNECTICUT. 

present,   and  in    case    of   absence,   by  some 
deputed  for  that  purpose. 

5.  It   is  ordered,   sentenced,   and    decreed, 
That  to  the  aforesaid  Courte  of  Election,  the 
severall  Townes  shall  send  theire  Deputyes, 
and  when  the  Elections  are  ended  they  may 
proceed  in  any  publique  service,  as  at  other 
Courtes;   allso,  the  other  Generall  Courte  in 
September,  shall  bee  for  making  of  lawes  and 
any  other  publique  occassion,  which  concerns 
the  good  of  the  Commonwealth. 

6.  It  is    ordered,   sentenced,    and    decreed, 
That  the  Governor  shall,  either  by  himselfe  or 
by  the  Secretary,  send  out  summons  to  the 
Constables  of  every  Towne,  for  the  calling  of 
these  two  standing  Courts,  one  month  at  least 
before  theire  severall  times ;  And  allso,  if  the 
Governor  and  the  greatest  parte  of  the  magis- 
trates see  cause,  uppon  any  speciall  occassion, 
to  call  a  Generall  Courte,  they  may  give  order 
to  the.  Secretary  so  to  doe,  within  fourteene 
dayes  warning,  and  if  urgent  necessity  so  re- 

i  quire,  uppon  a  shorter  notice,  giving  sufficient 
grounds  for  it,  to  the  Deputys,  when  they 
meete,  or  else,  bee  questioned  for  the  same; 


BLUE  LAWS  OF   CONNECTICUT.  47 

and  if  the  Governor  and  major  parte  of  the 
Magistrates,  shall  either  neglect  or  refuse,  to 
call  the  two  Generall  standing  Courts,  or  either 
of  them ;  as  allso,  at  other  times,  when  the 
occassions  of  the  Commonwealth  require ;  the 
Freemen  thereof,  or  the  major  parte  of  them, 
shall  petition  to  them  so  to  doe,  if  then  it  bee 
either  denied  or  neglected,  the  said  Freemen  or 
the  major  parte  of  them,  shall  have  power  to 
give  order  to  the  Constables  of  the  severall 
Towns  to  doe  the  same,  and  so  many  meete 
together  and  choose  to  themselves  a  moderator, 
and  may  proceed  to  doe  any  act  of  power 
which  any  other  Generall  Courte  may. 

7.  It  is  ordered,  sentenced,  and  decreed, 
That  after  there  are  warrants  given  out  for  any 
of  the  said  Generall  Courts,  the  Constable  or 
Constables  of  each  Towne  shall  forthwith  give 
notice  distinctly  to  the  inhabitants  of  the  same, 
in  some  publique  Assembly,  or  by  going  or 
sending  from  howse  to  howse,  that  at  a  place 
and  time,  by  him  or  them  limited  and  sett, 
they  meete  and  assemble  themselves  together, 
to  elect  and  choose  certaine  Deputies  to  bee  at 
the  Generall  Courte  then  following,  to  agitate 


48  BLUE  LAWS  OF    CONNECTICUT. 

the  affaires  of  the  Commonwealth ;  which  said 
Deputies,  shall  bee  chosen  by  all  that  are  ad- 
mitted inhabitants  in  the  severall  Towns  and 
have  taken  the  oath  of  fidelity :  provided,  that 
none  bee  chosen  a  Deputye  for  any  Generall 
Courte  which  is  not  a  Freeman  of  this  Com- 
monwealth :  The  aforesaid,  Deputyes  shall  bee 
chosen  in  manner  following;  Every  person 
that  is  present  and  qualified  as  before  ex- 
pressed, shall  bring  the  names  of  such  written 
in  severall  papers,  as  they  desire  to  have 
chosen,  for  that  employment ;  and  these  three 
or  foure,  more  or  less,  being  the  number  agreed 
on  to  bee  chosen,  for  that  time,  that  have 
greatest  number  of  papers  written  for  them, 
shall  bee  Deputyes  for  that  Courte;  whose 
names  shall  be  indorsed  on  the  backside  of  the 
warrant  and  returned  into  the  Courte,  with  the 
Constable  or  Constables  hand  unto  the  same. 

8.  It  is  ordered,  sentenced,  and  decreed, 
That  ^yndsor,  Hartford  and  Weathersfeild, 
shall  have  power,  each  Towne,  to  send  foure 
of  theire  Freemen  as  theire  Deputyes,  to  every 
Generall  Courte,  and  whatsoever  other  Townes 
shall  bee  hereafter  added  to  this  Jurissdiction, 


BLUE   LAWS  OF   CONNECTICUT.  49 

they  shall  send  so  many  Deputyes,  as  the 
Courte  shall  judge  meete:  a  reasonable  pro- 
portion to  the  number  of  Freemen,  that  are  in 
the  said  Towns,  being  to  bee  attended  therein ; 
which  Deputyes  shall  have  the  power  of  the 
whole  Towne,  to  give  theire  voates  and  allow- 
ance to  all  such  lawes  and  orders,  as  may  bee 
for  the  publique  good,  and  unto  which  the  said 
Towns  are  to  bee  bound;  And  it  is  allso 
ordered,  that  if  any  Deputyes  shall  bee  absent 
uppon  such  occassions,  as  the  Governor  for  the 
time  being,  shall  approve  of,  or  by  the  Provi- 
dence of  God,  shall  decease  this  life  within  the 
adjournment  of  any  Courte,  that  it  shall  bee  at 
the  libbertye  of  the  Governor  to  send  forth  a 
warrant,  in  such  case,  for  supply  thereof  uppon 
reasonable  warning. 

9.  It  is    ordered,  sentenced    and    decreed, 
That  the   Deputyes   thus  chosen,  shall  have 
power  and  libberty,  to  appoint   a   time  and 
place  of  meeting  together,  before  any  Generall 
\      Courte,  to  advise   and  consulte   of  all  such 
^      thinges  as  may  concerne  the  good  of  the  pub- 
lique ;  as  allso  to  examine  theire  owne  Elec- 
tions, whether  according  to  the  order ;  and  if 


\~       50  BLUE  LAWS  OP   CONNECTICUT, 

s 

they  or  the  greatest  parte  of  them,  finde  any 
I  election  to  be  illegall,  they  may  seclude  such 
for  present,  from  theire  meetinge,  and  returne 
the  same  and  theire  reasons  to  the  Courte ;  and 
if  it  proove  true,  the  Courte  may  fyne  the 
party  or  partyes  so  intruding,  and  the  Towne 
if  they  see  cause,  and  give  out  a  warrant  to  goe 
to  a  new  election  in  a  legall  way,  either  in 
parte  or  in  whole.  Allso  the  said  Deputyes 
shall  have  power  to  fyne  any  that  shall  bee 
disorderly  at  theire  meeting,  or  for  not  coming 
in  due  time  or  place,  according  to  appointment, 
and  they  may  returne  the  said  fyne  into  the 
Courte,  if  it  bee  refused  to  bee  paid,  and  the 
Treasurer  to  take  notice  of  it,  and  to  estreite 
or  levye  as  hee  doth  other  fynes. 

10.  It  is  ordered,  sentenced  and  decreed, 
That  every  generall  Courte  (except  such  as 
through  neglect  of  the  Governor  and  the  great- 
est parte  of  Magistrates,  the  Freemen  them- 
selves doe  call,)  shall  consiste  of  the  Governor 
or  some  one  chosen  to  moderate  the  Courte, 
and  foure  other  Magistrates  at  least,  with  the 
major  parte  of  the  Deputyes  of  the  several 
Towns  legally  chosen,  and  in  case  the  Freemen 


BLUE   LAWS   OF   CONNECTICUT.  51 

or  the  major  parte  of  them,  through  neglect  or 
refusall  of  the  Governor  and  major  parte  of  the 
Magistrates,  shall  call  a  Courte,  it  shall  consiste 
of  the  major  parte  of  Freemen,  that  are  present, 
or  their  Deputyes,  with  a  moderator  chosen  by 
them,  in  which  said  Generall  Courts,  shall  con- 
siste the  Supreme  power  of  the  Commonwealth, 
and  they  onely  shall  have  power  to  make  lawes 
and  repeale  them,  to  graunt  levyes,  to  admit 
of  Freemen,  dispose  of  lands  undisposed  of,  to 
severall  Towns  or  persons;  and  allso,  shall 
have  power  to  call  either  Courte  or  Magistrate, 
or  any  other  person  whatsoever  into  question, 
for  any  misdemeanor,  and  may  for  such  cause, 
displace,  or  deale  otherwise,  according  to  the 
nature  of  the  offence ;  and  allso  may  deale  in 
any  other  matter  that  concernes  the  good  of 
this  Commonwealth,  except  election  of  Magis- 
trates, which  shall  bee  done  by  the  whole  body 
of  Ffreemen;  in  which  Courts  the  Governor 
or  Moderator  shall  have  the  power  to  order 
the  Courte,  to  give  libbertye  of  Speech,  and 
silence  unreasonable  and  disorderly  speaking, 
to  put  all  things  to  voate,  and  in  case  the  voate 


52  BLUE   LAWS   OF   CONNECTICUT. 

bee  equall,  to  have  the  casting  voice:  But 
none  of  these  Courts  shall  bee  adjourned  or 
dissolved  without  the  consent  of  the  major 
parte  of  the  Courte.  Provided,  notwithstand- 
ing, that  the  Governor  or  Deputy  Governor, 
with  two  Magistrates  shall  have  power  to  keepe 
a  Perticular  Courte  according  to  the  lawes 
established:  And  in  case  the  Governor  or 
Deputy  Governor  bee  absent,  or  some  way  or 
other  incapable  either  to  sitt  or  to  bee  present ; 
if  three  Magistrates  meete  and  chuse  one  of 
themselves  to  bee  a  Moderator,  they  may 
keepe  a  Perticular  Courte,  which  to  all  ends 
and  purposes  shall  bee  deemed  as  legall  as 
though  the  Governor  or  Deputy  did  sitt  in 
Courte. 

11.  It  is  ordered,  sentenced,  and  decreed, 
That  when  any  General!  Courte,  uppon  the 
occassions  of  the  Commonwealth,  have  agreed 
\  uppon  any  summ  or  summs  of  monye,  to  be 
levyed  uppon  the  severall  Townes  within  this 
Jurissdiction,  that  a  Committee  bee  chosen,  to 
sett  out  and  appoint,  what  shall  bee  the  pro- 
portion of  every  Towne  to  pay  of  the  said 


BLUE   LAWS   OP   CONNECTICUT.  53 

levye ;  Provided  the  Comittee  bee  made  up  of 
an  equall  number  out  of  each  Towne.(l) 

F  orasmuch  as  the  free  fruition  of  such  libberties, 
immunities,  privikdges,  as  humanity,  civility 
and  Christianity  call  for,  as  due  to  every  man 
in  his  place  and  proportion,  without  impeach- 
ment and  infringement,  hath  ever  beene  and  ever 
will  bee  the  tranquillity  and  stabillity  of  Churches 
and  Commonwealths ;  and  the  denyall  or  de- 
privall  thereof,  the  disturbance,  if  not  ruine  of 
loth : 

It  is  thereof  ordered  by  this  Courte,  and 
authority  thereof,  That  no  man's  life  shall  bee 
taken  away;  no  man's  honor  or  good  name 
shall  be  stained;  no  man's  person  shall  bee 
arrested,  restreined,  bannished,  dismembred, 
nor  any  way  punnished ;  no  man  shall  bee  de- 
prived of  his  wife  or  children ;  no  man's  goods 
or  estate  shall  bee  taken  away  from  him  nor 

(1)  The  eleven  preceding  sections  were  "voated"  or 
enacted  at  a  General  Courte,  held  January  14th,  1638  ; 
and  the  following  provision  was  added  at  the  revision 
in  1650. 

5* 


54  BLUE  LAWS   OF   CONNECTICUT. 

any  ways  indammaged,  under  colour  of  law,  or 
countenance  of  authority ;  unless  it  bee  by  the 
vertue  or  equity  of  some  express  law  of  the 
Country  warranting  the  same,  established  by 
a  Generall  Courte  and  sufficiently  published, 
or  in  case  of  the  defect  of  a  law,  in  any  per- 
ticular  case,  by  the  word  of  God. 


II. 

f  (p  tt*  flf  1650. 

A  COLLECTION  OF  THE  EARLIEST  LAWS  AND  ORDERS 
OF  THE  GENERAL  COURT  OF  CONNECTICUT. 

ABILITY. 

It  is  ordered  by  this  Courte,  that  all  persons 
of  the  age  of  twenty-one  years,  and  of  right 
understanding  and  memorye,  whether  excom- 
municated, condemned  or  otherways,  have  full 
power  and  libberty  to  make  their  Wills,  Testa- 
ments, and  other  lawfully  Alienations  of  their 
goods  and  estates,  and  may  bee  plaintiffs  in  a 
civill  Case. 

1.  Eleusine  exciverat.  Vnlg6  Eleusi  mutavit  J.  Gron 
vius,  figi  rmantque  Flor.  et  Reus  iscrn  quibus  mendo  sd. 

ACTIONS. 

Rhenanum  ducenta  millia  praeferunt.    Josephus,  Zonaras. 

It  is  further  ordered  and  decreed,  That  in  all 
Actions  brought  to  any  Courte,  the  Plaintiff 

(55) 


56  BLUE   LAWS  OF   CONNECTICUT. 

shall  have  libberty  to  withdraw  his  Action,  or 
to  be  nonsuted  before  the  Jury  have  given  in 
theire  verdict,  in  which  case,  hee  shall  always 
pay  full  costs  and  charges  to  the  defendant, 
and  may  afterwards  renew  his  sute  at  another 
Courte,  the  former  nonsute  being  first  recorded. 

AGE. 

It  is  ordered  by  this  Courte  and  the  au- 
thority thereof,  that  the  Age  for  passing  away 
of  lands  or  such  kinde  of  hereditaments,  or  for 
giving  of  voates,  or  sentences  in  any  Civill 
Courts  or  Causes,  shall  bee  twenty  and  one 
yeares ;  but  in  case  of  choosing  of  Guardians, 
fourteene  years. 

ARRESTS. 

It  is  ordered,  and  decreed  by  this  Court  and 
authority  thereof,  That  no  person  shall  bee 
Arrested  or  imprisoned  for  any  debt  or  fyne, 
if  the  law  can  find  any  competent  means  of 
satisfaction  otherwise,  from  his  estate,  and  if 
not,  his  person  may  bee  arrested  and  im- 
prisoned, where  hee  shall  bee  kept  at  his  owne 
charge,  not  the  plaintifls,  till  satisfaction  bee 


BLUE   LAWS   OF   CONNECTICUT.  57 

made,  unless  the  Courte  that  had  cognicance 
of  the  cause,  or  some  superior  Courte,  shall 
otherwise  determine.  Provided,  nevertheless, 
that  no  man's  person  shall  be  kept  in  prison 
for  debt,  but  when  there  appears  some  estate 
which  hee  will  not  produce ;  to  which  end,  any 
Courte  or  Commissioners  authorized  by  the 
General  Courte,  may  administer  an  oath  to  the 
partye,  or  any  others  suspected  to  bee  privy  in 
concealing  his  estate,  hee  shall  satisfy e  by  ser- 
vice, if  the  creditor  require  it ;  but  shall  not 
bee  sould  to  any,  but  of  the  English  nation. 

ATTACHMENT. 

It  is  ordered,  sentenced,  and  decreed,  That 
the  ordinary  summons  or  process  for  the  pre- 
sent, within  this  Jurissdiction,  and  untill  other 
provision  made  to  the  contrary,  bee  a  warrant, 
fairely  written,  under  some  Magistrate  or  Ma- 
gistrates hand  or  hands,  mentioning  the  time 
and  place  of  appearance,  and  if  the  said  partye 
or  partyes  do  not  appeare  according  to  the  said 
warrant  or  summons,  uppon  Affidavitt  first 
made,  of  the  serving  of  the  said  person  or 
persons,  the  Courte  shall  graunt  an  attachement 


58  BLUE   LAWS   OF   CONNECTICUT. 

against  the  person  or  persons  delinquent,  to 
arrest  or  aprehend  the  said  person  or  persons 
for  his  or  theire  willfull  contempt,  and  in  case 
no  sufficient  securitye  or  bayle  bee  tendred,  to  •; 
imprison  the  said  partye  or  partyes  returneable 
the  next  Oourte,  that  is  capeable  to  take  cog- 
niscance  of  the  said  business  in  question,  and 
uppon  return  of  the  said  Attachement,  the  said 
said  Courte  to  doe  therein,  as  according  to  the 
laws  and  orders  of  this  Jurissdiction,  and  in 
that  case  allso,  the  party  delinquent  to  beare 
his  owne  charges. 

It  is  allso  ordered,  That  attachements  to 
seize  uppon  any  man's  lands  or  estate  bee 
onely  graunted  for,  or  against,  such  goods  as 
are  fforreigner's,  and  doe  not  dwell  or  inhabitt 
within  this  Jurissdiction:  or,  in  case  uppon 
credible  information  it  appeare,  that  any  in- 
habitant that  is  indebted,  or  ingaged,  go  about 
to  convey  away  his  estate  to  defraud  his  credi- 
tors, or  to  convey  away  his  person  out  of  this 
Jurissdiction,  so  as  the  process  of  this  Juriss- 
diction may  not  bee  served  upon  his  person,  in 
that  or  any  other  just  cases,  there  may  bee 
Attachement,  or  Attachements  graunted  uppon 


j 

BLUE   LAWS   OF   CONNECTICUT.  59 

> 

the  limitations  expressed ;  provided,  that  in  all 
cases  of  Attachements,  all  or  any  of  the  credi- 
tors have  libberty  to  declare  uppon  the  said 
Attachement,  if  hee  come  in  at  the  return  of 
the  said  Attachement ;  provided  allso,  that  if 
any  Attachement,  laid  uppon  any  man's  estate 
uppon  a  pretence  of  a  great  summ;  and  if  it 
bee  not  proved  to  bee  due,  in  some  neare  por- 
tion to  the  summ  challenged,  and  mentioned  in 
the  Attachement,  then  the  security  given  shall 
bee  lyable  to  such  dammages  as  are  susteined 
thereby. 

It  is  further  ordered  and  decreed  by  this 
Courte,  That  whosoever  takes  out  an  Attache- 
ment against  any  man's  person,  goods,  chatties, 
lands  or  hereditaments,  sufficient  security  and 
caution  shall  bee  given  by  him  to  prosecute  his 
action  in  the  next  courte,  and  to  answer  the  de- 
fendant such  costs  as  shall  bee  awarded  to  him 
by  the  Courte ;  and  in  all  Attachements  of  goods, 
or  lands,  legall  notice  shall  bee  given  unto  the 
partye,  or  left  in  writing  at  his  howse  or  place 
of  usual  abode,  if  hee  live  within  this  Jurissdic- 
tion ;  otherwise,  his  sute  shall  not  proceed :  And 
it  is  further  ordered  and  declared,  That  every 


60  BLUE   LAWS   OF   CONNECTICUT. 

man  shall  have  libberty  to  replevye  his  cattle  or 
goods  impounded,  distreined,  seized  or  extended 
(unless  it  bee  uppon  execution  after  judgement, 
and  in  payment  of  ffynes:)  provided  in  like 
manner  hee  put  in  good  securitye  to  prosecute 
his  replevye,  and  to  satisfie  such  dammages, 
demaunds,  or  dues  as  his  adversary  shall  re- 
cover against  him  in  lawe. 

BALLAST. 

It  is  ordered  by  this  Courte  and  Authority 
thereof,  That  no  ballast  shall  bee  taken  from 
any  shoare  in  any  Towne  within  this  Jurissdic- 
tion  by  any  person  whatsoever,  without  allow- 
ance under  the  hands  of  those  men  that  are  to 
order  the  affaires  in  each  Towne,  uppon  the 
penalty  of  six  pence  for  every  shovell  full  so 
taken ;  unless  such  stones  as  they  had  laid  there 
before:  It  is  allso  ordered  by  the  authority 
aforesaid,  That  no  shipp  nor  other  vessell  shall 
cast  out  any  Ballast  in  the  channell  or  other 
place  inconvenient,  in  any  harbor  within  this 
Jurissdiction ;  uppon  the  penalty  of  Ten  Pounds. 


BLUE  LAWS   OF  CONNECTICUT.  61 

BAEEATEY. 

It  is  ordered,  decreed,  and  by  this  Courte 
declared,  That,  if  any  man  bee  proved  and  ad- 
judged a  common  Barrater  vexing  others  with 
unjust,  frequent,  and  needless  sutes;  it  shall 
bee  in  the  power  of  Courtes,  both,  to  reject  his 
cause,  and  to  punnish  him  for  Barratry.* 

BILLS. 

It  is  ordered  by  the  authority  of  this  Courte ; 
That  any  Debt  or  Debts  due  uppon  Bill  or  other 
speciality,  assigned  to  another,  shall  bee  as 
good  a  debt,  and  estate,  to  the  assignee,  as  it 
was  to  the  assignor  at  the  time  of  its  assigna- 
tion, and  that  it  shall  bee  lawfull  for  the  said 
assignee,  to  sue  for  and  recover  the  said  Debt 
due  uppon  Bill  and  so  assigned,  as  fully  as  the 
originall  Creditor  might  have  done :  provided 
the  said  assignment  be  made  uppon  the  back- 

*  The  Statute  law  of  England  punished  the  offense 
of  common  Barratry  with  extreme  severity  ;  for  by  VIII. 
of  Elizabeth,  c.  2,  a  penalty  of  six  months'  imprisonment 
was  inflicted  for  itj  and  if  the  offender  were  an  attorney, 
he  was  transported  for  seven  years. — S.  M.  S 


BLUE   LAWS   OF   CONNECTICUT.  i 

side  of  the  Bill  or  speciality,  not  excluding 
any  just  or  cleare  interest  any  man  may  have 
in  any  Bills  or  special tyes  made  over  to  them 
by  Letters  of  Attorneye,  or  otherwise. 

BOUNDS 

OF   TOWNES  AND    PERTICULAR  LANDS. 


Fforasmuch  as  the  Sounds  of  Townes  and  of  the 
lands  of  perticular  persons  are  carefully  to  bee 
meintcincd,  and  not  without  great  danger  to  bee 
removed  by  any;  which  notwithstanding,  by 
deficiency  and  decay  of  marJces,  may  at  una- 
wares bee  done,  whereby  great  jealousies  of 
persons,  trouble  in  Townes,  and  incumbrances 
in  Courtes,  doe  often  arise,  which  by  due  care 
and  meanes  might  be  prevented. 

It  is  therefore  ordered  by  this  Courte  and 
authority  thereof,  That  every  Towne  shall  sett 
out  their  bounds  within  twelve  months  after 
the  publishing  hereof,  and  after  their  Bounds 
are  graunted,  and  that  when  their  Bounds  are 
once  sett  out,  once  in  the  yeare,  three  or  more 
persons  in  the  Towne  appointed  by  the  Select 


BLUE   LAWS   OF   CONNECTICUT.  63 

men,  shall  appointe  with  the  adjacent  Townes, 
to  goe  the  Bounds  betwixt  theire  said  Townes, 
and  renew  their  markes,  which  markes  shall  bee 
a  great  heape  of  Stones,  or  a  trench  of  six 
foott  long  and  two  foott  broad,  the  most  ancient 
Towne  (which  for  the  River  is  determined  by 
the  Courte  to  bee  Weathersfeild,)  to  give  notice 
of  the  time  and  place  of  meeting  for  this  per- 
ambulation, which  time  shall  bee  in  the  first  or 
second  month,  uppon  paine  of  five  pounds  for 
every  Towne  that  shall  neglect  the  same ;  pro- 
vided, that  the  three  men  appointed  for  per- 
ambulation shall  goe  in  theire  severall  quarters, 
by  order  of  the  select  men,  and  at  the  charge 
of  the  severall  -Townes : 

And  it  is  further  ordered,  That  if  any  per- 
ticular  proprietor  of  lands  lying  in  common 
with  others  shall  refuse  to  goe  by  himselfe  or 
his  assigne,  the  Bounds  betwixt  his  land  and 
other  mens,  once  a  yeare,  in  the  first  or  second 
month,  beeing  requested  thereunto,  uppon  one 
weekes  warning,  hee  shall  forfeit  for  every  day 
so  neglecting,  ten  shillings,  halfe  to  the  party 
mooving  thereto,  the  other  halfe  to  the  Towne ; 
and  the  owners  of  all  impropriated  grounds 


64:  BLUE   LAWS  OF   CONNECTICUT. 

shall  Bound  every  perticular  parcell  thereof 
with  sufficient  meare-stones  and  shall  preserve 
and  keepe  them  so,  uppon  the  former  penalty. 

BUKGLABY   AND    THEFT. 

Fforasmuch  as  many  persons  of  late  yeares  have 
beene  and  are  apt  to  be  injurious  to  the  goods 
and  lives  of  others,  notwithstanding  all  care 

and  meanes  to  prevent  and  punish  the  same; 
s 

It  is  therefore  ordered  by  this  Courte  and 
authority  thereof,  That  if  any  person  shall 

I  committ  Burglary  by  breaking  up  any  dwelling 
howse,  or  shall  robb  any  person  in  the  feild,  or 

\       highwayes,  such  a  person  so  offending,  shall, 

I  for  the  first  offence,  bee  branded  on  the  fore- 
head with  the  letter  (B) ;  if  hee  shall  offend  in 

\  the  same  kinde,  the  second  time,  hee  shall  bee 
branded  as  before,  and  allso,  bee  severely 
whipped;  and  if  hee  shall  fall  into  the  same 
offence  the  third  time,  hee  shall  bee  put  to 
death  as  being  incorrigible ;  and  if  any  person 
shall  commit  such  Burglary,  or  rob  in  the 
feilds  or  howse  on  the  Lords  day,  besides  the 
former  punishments,  hee  shall  for  the  first 


BLUE  LAWS   OF   CONNECTICUT.  65 


offence  have  one  of  his  eares  cutt  of,  and  for 
the  second  offence  in  the  same  kinde,  he  shall 
looss  his  other  eare  in  the  same  manner ;  and 
if  hee  fall  into  the  same  offence  the  third  time, 
hee  shall  bee  put  to  death. 

Secondly,  for  the  prevention  of  pillfring  and 
Theft. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  if  any  person,  whether  children, 
servants  or  others,  shall  bee  taken  or  known  to 
robb  any  orchyards  or  garden,  that  shall  hurte 
or  steale  away  any  grafts  or  fruite  trees,  fruits, 
linnen,  woollen,  or  any  other  goods  left  out  in 
orchyards,  gardens,  backsides,  or  other  place, 
in  howse  or  feilds,  or  shall  steale  any  wood,  or 
other  goods  from  the  water  side,  from  mens 
dores  and  yards,  hee  shall  forfeitt  treble  dam- 
mage  to  the  owners  thereof,  and  such  seveere 
punnishment  as  the  Courte  shall  thinke  meete. 

And  forasmuch  as  many  times  it  so  falls  out,  that 
small  thefts  and  other  offences  of  a  criminall 
nature  are  committed^  both  by  English  and 
Indians  in  Townes  remote  from  any  prison,  or 


66  BLUE   LAWS   OP  CONNECTICUT. 

other  jilt  place,  to  which  such  malefactors  may 
bee  committed  till  the  next  Cowrie  ; 


It  is  therefore  hereby  ordered,  That  any 
Magistrate  uppon  complaint  made  to  him,  may 
heare,  and  uppon  due  proofe  determine,  any 
such  small  offences  of  the  aforesaid  nature,  ac- 
cording to  the  lawes  heere  established,  and 
give  warrant  to  the  Constable  of  that  Towne 
where  the  offender  lives,  to  levye  the  same: 
provided  the  damage  or  fyne  exceed  not  forty 
shillings;  provided  allso,  it  shall  bee  lawfull 
for  either  partye  to  appeal  to  the  next  Courte 
to  bee  holden  in  that  Jurissdiction,  giving 
sufficient  caution  to  prosecute  the  same  to 
effect,  at  the  said  Courte ;  and  every  magistrate 
shall  make  returne  yearly  to  the  Courte  of  the 
Jurissdiction  wherein  hee  liveth,  of  what  cases 
he  hath  so  ended ;  and  allso  the  Constable,  of 
all  such  fynes  as  they  have  received,  and  where 
the  offender  hath  nothing  to  satisfie,  such  Ma- 
gistrate may  punnish  by  stocks  or  whipping  as 
the  cause  shall  deserve. 

It  is  allso  ordered  that  all  servants  or  worke- 
men  imbeazling  the  goods  of  theire  masters 


BLUE   LAWS   OF   CONNECTICUT. 

or  such  as  sett  them  on  worke,  shall  make  res- 
titution and  bee  lyable  to  all  lawes  and  penal- 
tjes,  as  other  men. 

CAPITALL    LAWES. 

1.  If  any  man  after  legall  conviction,  shall 
have  or  worship  any  other  God  but  the  Lord 
God,  hee  shall  bee  put  to  death.    Deut.  13.  6 — 
17.  2.— Exodus  22.  20. 

2.  If  any  man  or  woman  bee  a  Witch,  that 
is,  hath  or  consulteth  with  a  familliar  spirritt, 
they  shall  bee  put  to  death.    Exodus  22. 18. — 
Levit  20.  27.— Deut.  18. 10,  11. 

3.  If  any  person  shall  blaspheme  the  name  of 
God  the  ffather,  Sonne  or  holy  Ghost,  with  di- 
rect,  express,   presumptuous    or    highhanded 
blasphemy,  or  shall  curse  in  the  like  manner, 
hee  shall  bee  put  to  death.    Lev.  24. 15,  16. 

4.  If  any  person  shall  committ  any  willfull 
murther,   which   is   manslaughter    committed 
uppon  malice,  hatred  or  cruelty,  not  in  man's 
necessary  and  just  defence,  nor  by  mere  casu- 
alty  against    his  will,   hee  shall  be  put  to 
death.     Exo.  21. 12, 13, 14.— Numb.  35,  30,  31. 

5.  If  any  person  shall  slay  another  through 


68  BLUE   LAWS   OF   CONNECTICUT. 

guile,  either  by  poisonings  or  other  such  Devel- 
lish  practice,  hee  shall  bee  put  to  death.  Exo. 
21.  14. 

6.  If  any  man  or  woman  shall  lye  with  any 
beast  or  bruite  creature,  by  carnall  copulation, 
they  shall  surely  bee  put  to  death,  and  the 
beast  shall  be  slaine  and  buried.    Levit.  20. 
15,  16. 

7.  If  any  man  lyeth  with  mankind  as  hee 
lyeth  with  woman,  both  of  them  have  com- 
mitted abomination,  they  both  shall  surely  be 
put  to  death.— Levit.  20.  13. 

8.  If  any  person  committeth  adultery  with 
a  married  or  espoused  wife,  the  Adulterer  and 
the  Adulteress  shall  surely  bee  put  to  death. 
Levit.  20. 10,  and  18.  20.— Deut.  22.  23,  24. 

9.  If  any  man  shall  forcibly,  and  without 
consent,  Eavish  any  maide,  or  woman  that  is 
lawfully  married  or  contracted,  hee  shall  bee 
putt  to  death.— Deut.  22.  25. 

10.  If  any  man  stealeth  a  man  or  mankinde, 
hee  shall  bee  put  to  death.— Exodus  21  16. 

11.  If  any  man  rise  up  by  false  wittness, 
wittingly  and  of  purpose  to  take  away  any 


BLUE   LAWS  OF   CONNECTICUT.  69 

man's  life,  hee  shall  bee  put  to  death. — Deut. 
19. 16.  18.  19. 

12.  If  any  man  shall  conspire  or  attempt 
any  invasion,  insurrection  or  rebellion  against 
the  Commonwealth,  hee  shall  bee  put  to  death. 

13.  If  any  Childe  or  Children  above  sixteene 
years  old  and  of  sufficient  understanding,  shall 
Curse  or  smite  their  naturall  father  or  mother, 
hee  or  they  shall  bee  put  to  death ;  unless  it 
can  bee  sufficiently  testified  that  the  parents 
have  beene  very  unchristianly  negligent  in  the 
education  of  such  children,  or  so  provoke  them 
by  extreme  and  cruell  correction   that  they 
have  beene  forced  thereunto  to  preserve  them- 
selves from  death,    maiming. — Exo.  21.  17. — 
Levit.  20.— Ex.  21.  15. 

14.  If  any  man  have  a  stubborne  and  rebel- 
lious sonne  of  sufficient  yeares  and  understand- 
ing, viz.  Sixteene  yeares  of  age,  which  will  not 
obey  the  voice  of  his  father  or  the  voice  of  his 
mother,  and  that  when  they  have  chastened 
him  will  not  hearken  unto  them ;  then  may  his 
gather  and  mother,  being  his  naturall  parents, 
lay  hold  on  him  and  bring  him  to  the  Magis- 
trates assembled  in  Courte,  and  testifie  unto 


BLUE   LAWS  OP  CONNECTICUT. 

them,  that  theire  sonne  is  stubborne  and  rebel- 
lious and  will  not  obey  theire  voice  and  Chas- 
tisement, but  lives  in  sundry  notorious  Crimes, 
such  a  sonne  shall  bee  put  to  death.  Dut.  21. 
20,  21. 

It  is  allso  ordered  by  this  Courte,  and  au- 
thority thereof,  That  whatsoever  Childe  or 
servant  within  these  Libberties,  shall  bee  con- 
victed of  any  stubborne,  or  rebellious  carriage 
against  their  parents  or  governors,  which  is  a 
forrunner  of  the  aforementioned  evills;  the 
Governor  or  any  two  Magistrates  have  libberty, 
and  power  from  this  Courte,  to  committ  such 
person  or  persons  to  the  House  of  Correction ; 
and  there  to  remaine  under  hard  labour,  and 
severe  punnishment  so  long  as  the  Courte,  or 
the  major  parte  of  the  Magistrates,  shall  judge 
meete. 

And  whereas  frequent  experience,  gives  in  sad 
evidence  of  severall  other  wayes  of  uncleanes, 
and  lascivious  carriages,  practised  amongst  us  • 
whereunto  in  regarde  of  the  variety  of  circum- 
stances, perticular  and  express  lawes  and  orders 
cannott  suddenly  be  suted  ;  this  Courte  cannott 


BLUE   LAWS  OF   CONNECTICUT.  71 

but  looTce  upon  evills  in  that  Jdnde,  as  very 
pernicious  and  destructive  to  the  well/are  of  this 
Commonwealth : 

/"  And,  doe  judge,  that  severe  and  sharpe  pun- 
nishment,  should  bee  inflicted  upon  such  delin- 
quents ;  And  as  they  doe  approve  of  what  hath 
beene  already  done,  by  the  perticular  Courte, 
as  agreeing  with  the  Generall  power  formerly 
graunted;  so  they  doe  hereby  confirme  the 
same  power  to  the  perticular  Courte ;  whoe  may 
proceed  either  by  fyne,  committing  to  the 
house  of  correction,  or  other  corporall  punnish- 
ment,  according  to  theire  discretion ;  desiring 
such  seasonable  and  exemplary  executions, 
may  bee  done  upon  offenders  in  that  kinde, 
that  others  may  heare  and  feare. 

CASCK  AND  COOPER. 
It  is  ordered  by  this  Courte  and  Authority 
thereof,  That  all  Casck  used  for  Tarr  or  other 
commodityes  to  bee  put  to  sale,  shall  bee 
assized  as  folio weth :  viz :  Every  Casck,  com- 
monly called  barrills,  or  halfe-hogs  heads,  shall 
contain  twenty-eight  gallons  wine  measure,  and 
other  vessells  proportionable;  and  that  fitt 


72  BLUE   LAWS   OF   CONNECTICUT 

persons  shall  be  appointed  from  time  to  time, 
in  all  placess  needfull  to  gage  all  such  vessells 
or  Cascks,  and  such  as  shall  be  found  of  due 
assize  shall  be  marked  with  the  gagers  marke 
and  no  other,  who  shall  have  for  his  paines 
foure  pence  for  every  Tunn,  and  so  propor- 
tionably. 

And,  It  is  also  ordered,  that  every  Cooper 
shall  have  a  distinct  brand-marke,  on  his  owne 
Casck,  upon  paine  of  forfeiture  of  Twenty 
shillings  in  either  case,  and  so  proportionably 
for  lesser  vessells. 

CATTLE,  COENEFEILDS,  FFENCES. 
Fforasmuch  as  complaints  have  leene  made  of  a 
very  evill  practise  of  some  disordered  persons  in 
the  country  whoe  use  to  take  other  mens  horses, 
sometimes  upon  the  Commons,  sometimes  out  of 
iheire  owne  grounds,  common  feilds,  and  in- 
closures,  and  ride  them  at  their  e  pleasure,  with- 
out any  leave  or  privity  of  theire  owners  : 

It  is  therefore  ordered  and  Enacted,  by  the 
authority  of  this  Courte,  that  whosoever  shall 
take  any  other  mans  Horse,  Mare,  or  Drawing 
Beast,  out  of  his  inclosure,  uppon  any  Common, 


BLUE   LAWS   OF   CONNECTICUT. 

out  of  any  common-feild  or  elsewhere ;  Except 
such  bee  taken  dammage-faisant,  and  disposed 
of  according  to  law,  without  leave  of  the 
owners,  and  shall  ride  or  use  the  same,  hee 
shall  pay  the  partye  wronged,  treble  dammages, 
or  if  the  complainant  shall  desire  it,  then  to 
pay  only  ten  shillings,  and  such  as  have  not  to 
make  satisfaction,  shall  bee  punished  by  whip- 
ping, imprisonment,  or  otherwise,  as  by  law 
shall  be  adjudged;  And  any  one  magistrate 
may  heare  and  determine  the  same. 

It  is  allso  further  ordered,  That  where  lands 
lye  in  common,  unfenced ;  if  one  shall  improve 
his  lands,  by  fencing  in  severall,  and  another 
shall  not;  hee  whoe  shall  so  improve,  shall 
secure  his  land  against  other  mens  cattle,  and 
shall  not  compell  such  as  joine  uppon  him,  to 
make  any  fence  with  him;  except  hee  shall 
allso  improve  in  severall,  as  the  other  doth: 
And  where  one  man  shall  improve,  before  his 
neighbour,  and  so  make  the  whole  fence,  if  after 
his  said  neighbour  shall  improve  also,  he  shall 
then  satisfie  for  halfe  the  others  fence  against 
him,  according  to  the  present  value,  and  shall  I 
meinteine  the  same :  And  if  either  of  them  shall  j 
7  I 


74:  BLUE  LAWS  OF   CONNECTICUT. 

after  lay  open  his  said  feilds  (which  none  shall 
doe  without  three  months  warning)  he  shall 
have  liberty,  to  buy  the  dividend  fence,  payinge 
according  to  the  present  valuation,  to  bee  sett 
by  two  men,  chosen  by  either  party  one :  The 
like  shall  bee,  where  any  man  shall  improve 
land,  against  any  Towne  Common ;  provided, 
this  order  shall  not  extend  to  house  lotts,  not 
exceeding  ten  acres ;  but,  if  in  such,  one  shall 
improve,  his  neighbour  shall  be  compellable  to 
make  and  meinteine  one  halfe  of  the  fence 
between  them,  whether  he  improve  or  not. 

Provided  allso,  that  no  man  shall  bee  lyable 
to  satisfie  for  dammage  done  in  any  ground  not 
sufficiently  fenced;  except  it  shall  bee  for 
dammage  done  by  swyne  under  a  yeare  old,  or 
unruly  Cattle,  which  will  not  be  restreined  by 
ordinary  ffences,  or  where  any  man  shall  put 
his  Cattle,  or  otherwise  voluntarily  trespass 
uppon  his  neighbours  ground:  And  if  the 
partye  damnified  find  the  Cattle  dammage- 
faisant,  hee  may  impound  or  otherwise  dispose 
of  them* 

*  At  a  session  of  the  General  Court,  in  October  1652, 
\  it  was  declared  and  explained,  that  this  order  did  not 
I  teach  the  lands  on  the  east  side  of  the  great  river. 


BLUE  LAWS  OP   CONNECTICUT.  75 

CATTLE    TO    BE    MASKED. 

Ffor  the  preventing  of  differences  that  may  arise 
&c.  in  the  owning  of  cattle,  that  bee  lost  or  stray 
away : 

It  is  ordered  by  this  Courte,  that  the  owners 
of  any  Cattle  within  this  Jurissdiction,  shall 
eare  marke  or  brand  all  theire  Cattle  and  swyne, 
that  are  above  halfe  a  yeare  old  (except  horses) 
and  that  they  cause  theire  severall  markes  to  bee 
registred  in  the  towne  booke ;  and  whatsoever 
cattle  shall  be  found  unmarked,  after  the  first 
of  July  next,  shall  forfeitt  five  shillings  a  head, 
whereof  two  shillings  sixpence  to  him  that  dis- 
covers it,  and  the  other  to  the  country. 

COMMON    FFEILDS. 

Whereas  the  condition  of  these  severall  plantations 
in  these  beginnings,  wherein  we  are,  is  such,  that 
necessity  constraines  to  improve  much  of  the 
ground  belonging  to  the  severall  townes,  in  a 
common  way,  and  it  is  observed,  that  the  pub- 
lique  and  generall  good  (which  ought  to  bee  at- 
tended in  all  such  improvements  as  are  most 
propper  to  them,  and  may  best  advance  the  same) 


76  BLUE   LAWS   OF   CONNECTICUT 

receives  much  prejudice  through  want  of  prudent 
ordering  and  disposing  of  those  severall  common 
lands,  so  as  may  best  effect  the  same  : 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  each  towne  shall  chuse  from 
among  themselves,  five  able  and  discreet  men, 
whoe,  by  this  order,  have  power  given  them, 
and  are  required,  to  take  the  common  lands 
belonging  to  each  of  the  severall  townes  re- 
spectively, into  serious  and  sadd  consideration, 
and  after  a  thorough  digesting  of  theire  owne 
thoughts,  sett  downe  under  theire  hands,  in 
what  way  the  said  lands  may,  in  theire  judg- 
ments, bee  best  improved  for  the  common 
good ;  And  whatsoever  is  decreed  and  deter- 
mined by  the  saide  five  men  in  each  towne,  or 
any  three  of  them,  concerning  the  way  of  im- 
provement of  any  such  lands,  shall  bee  attended 
by  all  such  persons  that  have  any  propriety  or 
interest  in  any  such  lands  so  judged. 

And  whereas  also,  much  dammage  hath  arisen,  not 
ondy  from  the  unrulines  of  some  Jcinde  of  cattle, 
but  also  from  the  weaTcnes  and  insufficiency  of 
many  fences,  whereby  much  variance  and  differ- 


BLUE  LAWS  OF   CONNECTICUT.  77 

ence  hath  followed,  which,  if  not  prevented  for 
the  future,  may  bee  very  prejuditiall  to  the  pub- 
lique  peace  ; 

It  is  likewise,  therefore  ordered,  that  the  said 
five  men,  so  chosen,  or  at  least,  three  of  them, 
shall  sett  downe  what  fences  shall  bee  made  in 
any  common  grounds,  and  after  they  are  made, 
to  cause  the  same  to  bee  viewed,  and  to  sett 
such  fynes  as  they  judge  meete,  upon  any  as  shall 
neglect,  or  not  duely  attend  theire  order  therein ; 
and  what  fences  are  made  and  judged  sufficient 
by  them,  whatsoever  dammage  is  done  by  hoggs 
or  any  other  cattle,  shall  bee  paid  by  the  owners 
of  the  said  cattle.  And  the  severall  townes 
shall  have  libberty  once  every  yeare,  to  allter 
any  three  of  the  former  five,  and  to  make 
choyce  of  others  in  theire  roome :  It  being  pro- 
vided, that  any  perticular  man  or  men  shall 
have  libberty  to  inclose  any  of  theire  perticular 
grounds,  and  improve  them  according  to  theire 
owne  discretion,  by  mutuall  agreement,  not- 
withstanding'this  order. 

CAVEATS  ENTKED. 
Whereas  it  appears,  that  divers,  to  defeat  and 


78  rfLUE   LAWS  OF  CONNECTICUT. 

defraud  theire  creditors,  may  secreetly  and  tin- 
der hand,  make  bargaines  and  contracts  of 
theire  lands,  lotts  and  accommodations,  by- 
means  whereof,  when  a  creditor  thinkes  hee 
hath  a  meanes,  in  due  order  of  law,  to  declare 
against  the  said  lands,  lotts  and  accommoda- 
tions, and  so  recover  satisfaction  for  his  debt, 
hee  is  wholly  deluded  and  frustrated,  which  is 
contrary  to  a  righteous  rule,  that  every  man 
should  pay  his  debt  with  his  estate,  bee  it  in 
what  it  will  bee,  either  reall  or  personall ;  this 
courte  taking  it  into  consideration,  doe  order, 
sentence  and  decree,  that  if  any  creditor,  for  the 
future,  doe  suspect  any  debtor,  that  hee  may 
prove  non-solvent  in  his  personall  estate,  hee 
may  repaire  to  the  register  or  recorder  of  the 
plantation  where  the  lands,  lotts  or  accommo- 
dations lyes,  and  enter  a  caveatt  against  the 
lands,  lotts  or  accommodations  of  the  said 
debtor,  and  shall  give  to  the  said  register  or  re- 
corder foure  pence  for  the  entry  thereof;  and 
the  said  creditor  or  creditors  shall  take  out 
summons  against  the  said  debtor,  and  in  due 
forme  of  law,  the  next  perticular  courte,  either 
for  the  whole  colony,  or  for  the  perticular  plan- 


BLUE   LAWS  OF  CONNECTICUT.  79 

tation  where  the  said  lands,  lotts  or  accommoda- 
tions lyes,  or  the  next  courte  ensuing,  decla're, 
against  the  said  debtors  lands,  lotts  and  accom- 
modations :  And  so  if  the  creditor  recover,  hee 
may  enter  a  judgement  uppon  the  said  lotts, 
lands  and  accommodations,  and  take  out  an  ex- 
tent against  the  said  land,  directed  to  a  knowne 
officer,  whoe  may  take  two  honest  and  sufficient 
men  of  the  neighbours,  to  apprize  the  said  lands, 
lotts,  and  accommodations,  either  to  be  sould 
out  right,  if  the  debtor  so  require,  or  sett  a 
reasonable  rent  uppon  the  same,  untill  the  debt 
bee  paid,  and  deliver  the  possession  thereof 
either  to  the  creditor  or  creditors,  his  or  theire 
assignee  or  assigns,  or  any  other ;  and  what 
sale  or  sales,  lease  or  leases  the  said  officer 
makes,  being  orderly  recorded,  according  to 
former  order  of  recording  of  lands,  shall  be  as 
legall  and  bynding,  to  all  intents  and  purposes, 
as  though  the  debtor  himselfe  had  done  the 
same :  Provided  that  if  the  said  debtor  can 
then  presently  procure  a  chapman  or  tennant 
that  can  give  to  the  creditor  or  creditors,  satis- 
faction to  his  or  theire  content,  he  shall  have 
the  first  refusing  thereof:  Allso  it  is  declared, 


80  BLUE   LAWS  OF    CONNECTICUT. 

that  hee  which  first  enters  caveatts  as  above  said, 
and  his  debt  being  due  at  his  entering  the  said 
caveatt,  shall  be  first  paid ;  and  so  every  credi- 
tor, as  hee  enters  his  caveatt,  and  his  debt  be- 
comes due,  shall  be  orderly  satisfied ;  unless  it 
appears  at  the  next  courte,  the  debtors  lands, 
lotts  and  accommodations  prove  insufficient  to 
pay  all  his  creditors,  then  every  man  to  have  a 
suitable  proportion  to  his  debt  out  of  the  same ; 
and  yet  notwithstanding  every  man  to  receive 
his  parte  according  to  the  entry  of  his  caveatt ; 
yet  this  is  not  to  seclude  any  creditor  to  re- 
cover other  satisfaction,  either  uppon  the  per- 
son or  estate  of  the  said  debtor,  according  to 
the  la  we  and  custome  of  the  colony :  As  allso, 
it  is  further  decreed,  that  what  sale  or  bargaine 
soever,  the  debtor  shall  make  concerning  the 
said  lotts,  lands  and  accommodations,  after  the 
entring  of  the  said  caveatt,  shall  be  voide  as  to 
defraude  the  said  creditors. 

It  is  allso  further  explained  and  declared, 
That  if  the  said  debtor  bee  knowne  to  bee  a 
non-solvent  man  before  the  first  caveatt  entred 
against  the  said  lotts,  lands  and  accommoda- 
tions and  the  same  appeare  at  the  next  perticu- 


BLUE   LAWS   OF   CONNECTICUT.  81 

lar  courte,  then  the  courte  shall  have  power  to 
call  in  all  the  creditors  in  a  shorte  time,  and 
sett  an  equall  and  indifferent  way  how  the 
creditors  shall  bee  paid  out  of  the  said  lotts, 
lands  and  accommodations;  otherwise,  if  the 
said  debtor  proove  insolvent  after  the  first  ca- 
veatt  entred,  then  this  order  to  be  dulye  ob- 
served according  to  the  premises,  and  true  in- 
tent and  meaning  thereof. 

It  is  allso  further  declared,  and  explained, 
that  the  said  recorder  or  register  of  the  said  ca- 
veatt  shall,  the  next  perticular  courte,  as  afore- 
said, returne  the  said  caveatts  that  are  with 
him,  at  which  time  and  courte,  the  enterers  of 
the  said  caveatts  shall  be  called  forth  to  prose- 
cute the  same  the  next  perticular  courte  follow- 
ing; and  if  the  enterer  of  the  said  caveatts  fail 
to  prosecute  according  to  this  order,  the  register 
or  recorder  of  the  said  caveatt  or  caveatts,  shall 
put  a  vacatte  upon  the  said  caveatt  or  caveatts, 
which  shall  be  invalid  or  voide  to  hold  the  said 
lotts,  lands  and  accommodations  aforesaid. 

DISSORDER  IN  COUETE. 
It  is  ordered  by  this  courte,  that  whosoever 


82  BLUE  LAWS  OP  CONNECTICUT. 

doth  dissorderly  speake  privately,  during  the 
sitting  of  the  courte,  with  his  neighbour,  or  two 
or  three  together,  shall  presently  pay  twelve 
pence,  if  the  courte  so  thinke  meett. 

SECEEETS  IN  COUETE. 

It  is  ordered  and  decreed,  That  whatso- 
ever member  of  the  generall  courte,  shall  re- 
veale  any  secreett  that  the  courte  enjoyues  to 
be  kept  secreett,  or  shall  make  knowne  to  any 
person  what  any  one  member  of  the  courte 
speakes  concerning  any  person  or  business  that 
may  come  into  agitation,  in  the  courte,  shall 
forfeitt  for  every  such  fault,  ten  pounds,  and 
bee  otherwise  dealt  withall,  at  the  discretion  of 
the  courte ;  and  the  secretary  is  to  read  this  or 
der  at  the  beginning  of  every  generall  courte. 

CHILDEEN. 

Fforassmuch  as  the  good  education  of  children  is 
of  singular  behoofe  and  benefit  to  any  com- 
monwealth ;  and  whereas  many  parents  and 
masters  are  too  indulgent  and  negligent  of 
theire  duty  in  that  Tcinde: 

It  is  therefore  ordered  by  this  courte,  and  au- 


BLUE  LAWS   OF  CONNECTICUT.  83 

thority  thereof,  That  the  selectmen  of  every 
towne  in  the  severall  precincts  and  quarters 
where  they  dwell,  shall  have  ayigilent  eye  over 
theire  brethren  and  neighbours,  to  see,  first, 
that  none  of  them  shall  suffer  so  much  barbar- 
isme  in  any  of  their  familyes,  as  not  to  indeavor 
to  teach  by  themselves  or  others,  theire  chil- 
dren and  apprentices,  so  much  learning,  as  may 
inable  them  perfectly  to  read  the  English  tongue, 
and  knowledge  of  the  capitall  lawes,  uppon 
penalty  of  twenty  shillings  for  each  neglect 
therein  ;  allso,  that  all  masters  of  familyes,  doe,  . 
once  a  week,  at  least,  catechise  their  children 
and  servants,  in  the  grounds  and  principles  of 
religion,  and  if  any  bee  unable  to  doe  so  much, 
that  then,  at  the  least,  they  procure  such  chil- 
dren or  apprentices  to  learne  some  shorte  or- 
thodox catechisme,  without  booke  that  they 
may  bee  able  to  answer  to  the  questions  that 
shall  bee  propounded  to  them  out  of  such 
catechismes  by  theire  parents  or  masters,  OP 
any  of  the  selectmen,  where  they  shall  call 
them  to  a  tryall  of  what  they  have  learned 
in  this  kinde;  and  further,  that  all  parents 
and  masters  doe  breed  and  bring  up  theire 


84:  BLUE  LAWS   OF   CONNECTICUT. 

children  and  apprentices  in  some  honest  law- 
full  calling,  labour  or  imployment,  either  in 
husbandry  or  some  other  trade  profitable  for 
themselves  and  the  commonwealth,  if  they  will 
not  nor  cannott  traine  them  up  in  learning,  to 
fitt  them  for  higher  imployments  ;  and  if  any 
of  the  selectmen,  after  admonition  by  them  given 
to  such  masters  of  familyes,  shall  finde  them 
still  negligent  of  theire  duty,  in  the  perticulars 
aforementioned,  whereby  children  and  servants 
become  rude,  stubborne  and  unruly,  the  said 
selectmen,  with  the  helpe  of  two  magistrates, 
shall  take  such  children  or  apprentices  from, 
them,  and  place  them  with  some  masters  for 
years,  boyes  till  they  come  to  twenty -one,  and 
girles  eighteene  years  of  age  compleat,  which 
will  more  strictly  looke  unto  and  force  them  to 
submitt  unto  governement,  according  to  the 
rules  of  this  order,  if  by  faire  means  and  for- 
mer instructions  they  will  not  bee  drawne 
unto  it. 

CONSTABLES. 

It  is  further  ordered  by  the  authority  afore- 
said, that  any  person  tendered  to  any  constable 


BLUE   LAWS   OF   CONNECTICUT.  85 

of  this  jurissdiction,  by  any  constable  or  other 
officer  belonging  to  any  fforeinge  jurissdiction 
in  this  country,  or  by  warrant  from  any  such 
authority,  such  shall  presently  bee  received  and 
conveyed  forthwith,  from  constable  to  constable, 
till  they  shall  bee  brought  unto  the  place  to 
which  they  are  sent,  or  before  some  magistrate 
of  this  jurissdiction,  whoe  shall  dispose  of  them, 
as  the  justice  of  the  cause  shall  require,  and 
that  all  hue  and  cryes  shall  be  duely  received 
and  dilligently  pursued  to  full  effect. 

It  is  ordered  by  the  authority  of  this  Courte, 
That  every  constable  within  one  jurissdiction 
shall,  henceforth,  have  full  power  to  make, 
signe  and  put  forth,  persuits  or  hue  and  cryes, 
after  murthers,  malefactors,  peacebreakers, 
theeves,  robbers,  burglarers,  and  other  capitall 
offenders,  where  no  magistrate  is  neare  hand ; 
allso,  to  apprehend,  without  warrant,  such  as 
are  overtaken  with  drinke,  swearing,  saboath- 
breaking,  slighting  the  ordinances,  lying,  va- 
grant persons,  night-walkers,  or  any  other  that 
shall  offend  in  any  of  these :  Provided,  they 
bee  taken  in  the  manner,  either  by  sighte  of 
the  constable,  or  by  present  information  from 


86  BLUE   LAWS  OP  CONNECTICUT. 

others ;  as  allso,  to  make  search  for  all  such 
persons,  either  on  the  saboath  day,  or  other, 
when  theire  shall  bee  occasion,  in  all  howses 
lycenced  to  sell  either  beare  or  wyne,  or  in  any 
other  suspected  or  dissordered  places,  and  those 
to  apprehend  and  keepe  in  safe  custody,  till  op- 
portunity serves  to  bring  them  before  one  of 
the  next  magistrates,  for  further  examination ; 
provided,  that  when  a  constable  is  employed  by 
any  of  the  magistrates  for  apprehending  of  any 
person,  hee  shall  not  doe  it  without  warrant  in 
writing ;  and  if  any  person  shall  refuse  to  as- 
siste  any  constable  in  the  execution  of  his  of- 
fice, in  any  of  the  things  aforementioned,  being 
by  him  required  thereto,  they  shall  pay  for  ne- 
glect thereof  ten  shillings  to  the  use  of  the 
country,  to  bee  levyed  by  warrant  from  any 
magistrate  before  whom  any  such  offender  shall 
be  brought ;  and  if  it  appeare,  by  good  testi- 
mony, that  any  shall  willfully,  obstinately  or 
contemptuously,  refuse  or  neglect  to  assiste  any 
constable,  as  is  before  expressed,  hee  shall  pay 
to  the  use  of  the  country,  forty  shillings ;  and 
if  any  magistrate  or  constable,  or  any  other, 


BLUE   LAWS   OF   CONNECTICUT.  87 

uppon  urgent  occasions,  shall  refuse  to  doe  their 
best  indeavor  in  raising  and  prosecuting  hue 
ond  cryes,  by  foott,  and  if  need  bee,  by  horse, 
after  such  as  have  committed  capitall  crimes, 
they  shall  forfeitt,  for  the  use  aforesaid,  for 
every  such  offence,  forty  shillings. 

And  it  is  allso  ordered,  That  the  constables 
in  each  towne,  shall  be  chosen  from  yeare  to 
yeare,  before  the  first  of  March,  and  sworne  to 
that  office  the  next  courte  following,  or  by 
some  magistrate  or  magistrates 

CONVEYANCES    FKAUDULENT. 

It  is  ordered  by  this  Courte,  and  authority 
thereof,  That  all  covenous  or  fraudulent  aliena- 
tions or  conveyances  of  lands,  tenements  or 
any  hereditaments,  shall  bee  of  no  validity  to 
defeat  any  man  from  due  debts  or  legacyes, 
or  from  any  just  title,  clay  me  or  possession  of 
that  which  is  so  fraudulently  conveyed;  and 
that  no  conveyance,  deed  or  promise  whatso- 
ever, shall  bee  of  validity,  if  it  bee  gotten  by 
illegal  violence,  imprisonment,  threatening,  or 
any  kind  of  forcible  compulsion,  called  dures. 


THE  LIBRAE? 


88  BLUE  LAWS  OF  CONNECTICUT. 

CRUELTY. 

It  is  ordered  by  this  Courte,  and  authority 
thereof,  That  no  man  shall  exercise  any  tiranny 
or  cruelty  towards  any  brute  creatures,  which 
are  usually  kept  for  the  use  of  man. 

DAMMAGES   PRETENDED. 

It  is  ordered  by  this  Courte,  That  no  man  in 
any  sute  or  action  against  another,  shall  falsely 
pretend  great  dammages  or  debts,  to  vexe  his 
adversary ;  and  if  it  shall  appeare  any  doth  so, 
the  Courte  shall  have  power  to  sett  a  reasona- 
ble fyne  on  his  head. 

DEATH    UNTIMELY. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  whensoever  any  person  shall 
come  to  any  very  sudden,  untimely  or  unnatu- 
rall  death,  some  magistrate,  or  the  constable  of 
that  towne,  shall  forthwith  summon  a  jury  of 
sixe  or  twelve  discreet  men  to  inquire  of  the 
cause  and  manner  of  theire  death,  whoe  shall 
present  a  true  verdict  thereof,  unto  some  neare 
magistrate,  uppon  theire  oath. 


BLUE  LAWS  OF  CONNECTICUT.  89 

DELINQUENTS. 

It  is  ordered,  That  all  persons  hereafter 
Committed  uppon  delinquency,  shall  beare  the 
charges  the  country  shall  bee  at  in  the  prose- 
cution of  them ;  and  shall  pay  to  the  master  of 
the  prison  or  howse  of  correction,  two  shillings 
six  pence,  before  hee  bee  freed  therefrom. 
Vide  execution  upon  delinquents. 

ECLESEASTIOALL. 

Fforasmuch,  as  the  open  contempt  of  Gf-od's 
word,  and  messengers  thereof,  is  the  deso- 
lating sinne  of  civill  states  and  churches,  and 
that  the  preaching  of  the  word  by  those 
whome  God  doth  send,  is  the  cheife  ordinary 
means  ordained  by  G-od,  for  the  converting, 
edefying  and  saving  the  soules  of  the  elect, 
through  the  presence  and  power  of  the  Holy 
Ghost  thereunto  promised;  and  that  the 
ministry  of  the  word  is  sett  up  by  G-od  in  his 
churches  for  those  holy' ends  ;  and  according 
to  the  respect  and  contempt  of  the  same,  and 
of  those  whome  G-od  hath  sett  aparte  for  his 
owne  worke  and  imployment,  the  weak  or  woe 
8* 


90  BLUE  LAWS   OF  CONNECTICUT. 

of  all  Christian  states,  is  much  furthered  and 
promoted  : 

It  is  therefore  ordered  and  decreed,  That  if 
any  Christian,  so  called,  within  this  jurissdic- 
tion,  shall  contemptuously  beare  himselfe  to- 
wards the  word  preached,  or  the  messengers 
that  are  called  to  dispense  the  same  in  any 
congregation,  when  hee  doth  faithfully  execute 
his  service,  and  office  therein,  according  to  the 
will  and  word  of  God,  either  by  interrupting 
him  in  his  preaching,  or  by  charging  him 
falsely  with  an  error,  which  hee  hath  not 
taught,  in  the  open  face  of  the  church,  or  like 
a  sonne  of  Korah,  cast  uppon  his  true  doctrine, 
or  himselfe,  any  reproach  to  the  dishonor  of 
the  Lord  Jesus,  whoe  hath  sent  him,  and  to  the 
disparagement  of  that  his  holy  ordinance,  and 
making  Gods  wayes  contemptible  and  redicu- 
lous,  that  every  such  person  or  persons,  what- 
soever censure  the  church  may  passe,  shall,  for 
the  first  scandall  be  convented  and  reproved 
openly,  by  the  magistrates,  at  some  lecture, 
and  bound  to  their  good  behaviour :  And  if  a 
second  time  they  breake  forth  into  the  like 


BLUE  LAWS   OF   CONNECTICUT.  91 

contemptuous  carriages,  they  shall  either  pay 
five  pounds  to  the  publique  treasure,  or  stand 
two  houres  openly,  uppon  a  block  or  stoole 
foure  foott  high,  uppon  a  lecture  day,  with  a 
paper  fixed  on  his  breast  written  with  capital 
letters,  AN  OPEN  AND  OBSTINATE  CONTEMNER 
OF  GODS  HOLY  ORDINANCES,  that  others  may 
feare  and  bee  ashamed  of  breaking  out  into 
the  like  wickedness. 

It  is  ordered  and  decreed  by  this  Courte,  and 
authority  thereof,  That  wheresoever  the  minis- 
tery  of  the  word,  is  established,  according  to 
the  order  of  the  gospell,  throughout  this  juriss- 
diction,  every  person  shall  duely  resorte  and 
attend  thereunto  respectively,  uppon  the  Lords 
day,  and  uppon  such  publique  fast  days,  and 
dayes  of  thanksgiving,  as  are  to  bee  generally 
kept  by  the  appointment  of  authority:  And 
if  any  person  within  this  jurisdiction  shall, 
without  just  and  necessary  cause,  withdraw 
himselfe  from  hearing  the  publique  ministry 
of  the  word,  after  due  meanes  of  conviction 
used,  hee  shall  forfeitt  for  his  absence,  from 
every  such  publique  meeting,  five  shillings: 
All  such  offences  to  bee  heard  and  determined 


92  BLUE   LAWS   OF   CONNECTICUT. 

by  any  one  magistrate,  or  more,  from  time  to 
time. 

Fforasmuch,  as  the  peace  and  prosperity  of 
churches,  and  members  thereof,  as  well  as 
civill  rights  and  libberties,  are  carefully  to 
bee  maintained. 

It  is  ordered  by  this  Courte  and  decreed, 
That  the  civill  authority  heere  established, 
hath  power  and  libberty  to  see  the  peace,  ordi- 
nances and  rules  of  Christe,  bee  observed  in 
every  church,  according  to  his  word :  As  allso 
to  deale  with  any  church  member,  in  a  way  of 
civill  justice,  notwithstanding  any  church  re- 
lation, office  or  interest,  so  it  bee  done  in  a 
civill,  and  not  in  an  ecleseasticall  way,  nor 
shall  any  church  censure  degrade  or  depose 
any  man  from  any  civill  dignitye,  office  or  au- 
thority hee  shall  have  in  the  commonwealth. 

ESCHEATS. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  where  no  heire  or  owner  of 
bowses,  lands,  tenements,  goods  or  chattells, 
can  bee  found,  they  shall  bee  seized  to  the  pub- 

I ..... 


BLUE   LAWS   OP   CONNECTICUT.  93 

lique  treasury,  till  such  heirs  or  owners  shall 
make  due  clayme  thereunto ;  unto  whome  they 
shall  bee  restored  uppon  just  and  reasonable 
termes. 

EXECUTIONS. 

Whereas  by  reason  of  the  great  scarcity  of  mo- 
ny  execution  being  taken  of  severall  persons 
goods,  that  have  been  sould  at  very  cheape 
rates,  to  the  extreme  dammage  of  the  debtor  ; 

It  is  therefore  ordered,  That  whatsoever  exe- 
cution shall  bee  graunted  uppon  any  debts 
made  after  the  publishing  of  this  order,  the 
creditor  shall  make  choyce  of  one  partye,  the 
debtor  of  a  second,  and  the  courte  of  a  thirde, 
who  shall  prise  the  goods  so  taken  uppon  execu- 
tion aforesaid,  and  deliver  them  to  the  creditor. 

EXECUTION  UPPON  DELINQUENTS. 
It  is  ordered,  That  the  governor,  or  any 
other  magistrate  in  this  jurissdiction,  shall  have 
libberty  and  power  to  call  forth  any  person  that 
hath  beene  publiquely  corrected  for  any  misbe- 
havior, to  doe  execution  uppon  any  person  or 
persons,  by  whipping  or  otherwise ;  and  that 


r 

94  BLUE   LAWS  OF  CONNECTICUT. 

at  any  time  hereafter,  as  occassion  doth  require, 
and  in  case  of  defect  or  want  of  such,  any  other 
person,  as  hee  or  they  shall  thinke  meete. 

FFENCES. 

Ffor  the  preventing  of  differences  that  may  arise, 
in  making  or  setting  downe  of  fences,  as  well 
in  meadows  as  up  land. 

It  is  ordered,  That  in  the  setting  of  posts  and 
rayles,  or  hedges  in  the  meadow  and  home  lotts, 
there  shall  bee  a  libberty  for  either  partye  of 
twelve  inches  from  the  dividend  lyne,  for 
breaking  of  the  ground  to  set  the  posts  on,  for 
the  laying  on  the  hedges;  but  the  stakes 
and  postes  are  to  be  sett  in  the  devident  lyne ; 
and  in  upland  there  is  allowed  a  libberty e  of 
foure  foott  for  a  ditch  from  the  dividend  lyne, 
ffor  either  of  the  bordering  partyes,  where  the 
proportion  of  ffences  belongs  unto  them. 

FFYNES. 

It  is  ordered  by  this  Courte,  That  the  estreits 
for  the  levying  of  ffynes  shall  goe  forth  once 
every  yeare,  both  in  the  townes  on  the  river 
and  by  the  sea  side ;  and  that  some  officer  in 


BLUE   LAWS  OF   CONNECTICUT.  95 

each  place,  shall  bee  appointed  to  levye  and  re- 
ceive the  same,  and  the  accounts  to  bee  given 
in  by  the  severall  plantations  of  theire  generall 
charge,  at  the  Courte  in  September,  for  the 
perfecting  of  the  accounts  betwixt  them ;  Mr. 
Ludlow,  is  desired  to  graunt  out  warrants  for 
the  ffynes  by  the  sea  side. 

FFYEE. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  whosoever  shall  kindle  any  fire 
in  the  woods  or  grounds  lying  in  Common,  or 
inclosed,  so  as  the  same  shall  runn  into  such 
corne  grounds  or  inclosures,  before  the  tenth 
of  the  first  month,  or  after  the  last  of  the  sec- 
ond month,  or  on  the  last  day  of  the  weeke,  or 
on  the  Lords  day,  shall  pay  all  dammages  and 
halfe  so  much,  for  a  fyne,  or  if  not  able  to  pay, 
then  to  bee  corporally  punished  by  warrant 
from  one  magistrate,  or  more,  as  the  offence  shall 
jdeserve,  not  exceeding  twenty  stripes  for  one 
offence  |  provided  that  any  man  may  kindle 
fyre  upon  his  owiie  ground,  at  any  time,  so  as 
no  dammage  come  thereby,  either  to  the  coun- 
try or  any  perticular  person ;  and  whosoever 


96  BLUE   LAWS  OF   CONNECTICUT. 

shall  wittingly  and  willingly  burne  or  destroy 
any  frame,  timber,  liewne,  sawne,  or  riven, 
heapes  of  wood,  charcoale,  corne,  hay,  strawe, 
hampe,  fflaxe,  pitch  or  tarr,  hee  shall  pay 
double  dammages. 

FFOKGEKIE. 

It  is  ordered  by  this  Courte,  and  authority 
thereof,  That  if  any  person  shall  forge  any 
debt,  or  conveyance,  testament,  bond,  bill,  re- 
lease, acquittance,  letter  of  attorneye,  or  any 
writing  to  prevent  equity  and  justice,  he  shall 
stand  in  the  pillorye  three  severall  lecture 
dayes,  and  render  double  dammages  to  the 
partye  wronged;  and  allso,  bee  disabled  to 
give  any  evidence  or  verdict  to  any  Courte  or 
magistrate.* 

*  In  the  penalty  here  attached  to  forgery,  the  framers 
of  these  laws  deserve  the  praise  of  unusual  clemency; 
for  the  Roman  Civil  Law  punished  the  crimen  falsi  with 
banishment,  and  sometimes  with  death,  while  the  Com- 
mon Law  of  England  also  inflicted  the  penalty  of  death. 
Vide  Justinian's  Institutes,  IV.,  18,  7.  Blackstone's  Comment. 
IV.  247.— S.  M.  S. 


BLUE  LAWS  OF  CONNECTICUT.  97 

FFOKNICATION. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  if  any  man  shall  committ  forni- 
cation, with  any  single  woman,  they  shall  bee 
punnished,  either  by  injoyning  to  marriage,  or 
fyne,  or  corporall  punnishment,  or  all,  or  any 
these,  as  the  Courte  or  magistrates  shall  ap- 
point, most  agreeable  to  the  word  of  God. 

GAMING. 

Uppon  complaint  of  great  disorder,  by  the  use 
of  the  game  called  shuffle  board,  in  howses  of 
common  interteinement,  whereby  much  precious 
time  is  spent  unfruitfully,  and  much  waste  of 
wyne  and  beare  occasioned  ; 

It  is  therefore  ordered  and  enacted  by  the 
authority  of  this  Courte,  That  no  person  shall 
henceforth  use  the  said  game  of  shuffle  board 
in  any  such  howse,  nor  in  any  other  howse, 
used  as  common  for  such  purpose,  uppon 
payne  for  every  keeper  of  such  howse,  to  for- 
feitt  for  every  such  offence,  twenty  shillings: 
And  for  every  person  playing  at  the  said  game  ? 


98  BLUE   LAWS  OF   CONNECTICUT. 

in  any  such  howse,  to  forfeitt  for  every  such 
offence,  five  shillings;  the  like  penalty  shall 
bee  for  playing  in  any  place,  at  any  unlawfull 
game. 

GUARDS    AT    MEETING. 

It  is  ordered  by  this  Courte,  That  there  shall 
bee  a  guard  of  twenty  men  every  sabbath  and 
lecture  day,  compleat  in  theire  armes,  in  each 
severall  towne  upon  the  river,  and  at  Sea- 
brooke  and  ffarmington  eight  a  piece ;  each 
towne  uppon  the  sea  side,  in  this  jurisdiction, 
ten ;  and  as  the  number  of  men  increase  in  the 
townes,  theire  guardes  are  to  increase :  And  it  is 
farther  ordered,  that  each  man  in  the  guards 
aforesaid,  shall  bee  allowed  halfe  a  pound  of 
powder  yearely,  by  theire  several  towues. 

HIGHEWAYES. 

Whereas  the  mainteining  of  high  wayes,  in  a 
fitt  posture  for  passage,  according  to  the  seve- 
rall occassions  that  occure,  is  not  onely  neces- 
sary, for  the  comfort  and  safety  of  man  and 
beast,  but  tends  to  the  proffitt  and  advantage 
of  any  people,  in  the  issue  ; 


BLUE   LAWS  OF   CONNECTICUT.  99 

It  is  thought  fitt  and  ordered,  That  each  towne 
within  this  jurissdiction,  shall,  every  yeare, 
chuse  one  or  two  of  theire  inhabitants,  as  sur- 
veyors, to  take  care  of,  and  oversee  the  mend- 
ing and  repairing  of  the  highways  within  their 
severall  townes  respectively,  who  have  hereby, 
power  allowed  them  to  call  out  the  severall 
cartes  or  person  fitt  for  labour  in  each  towne, 
two  dayes  at  least,  in  each  yeare,  and  so  many 
more,  as  in  his  or  theire  judgements,  shall  bee 
found  necessarry  for  the  attaining  of  the  afore- 
mentioned end,  to  be  directed  in  theire  worke 
by  the  said  surveyor  or  surveyors,  and  it  is 
left  to  his  or  theire  libberties,  either  to  require 
the  labour  of  the  severall  persons  in  any  familye, 
or  of  a  teame  and  one  person,  where  such  are, 
as  he  finds  most  advantageous  to  the  publique  oc- 
cassions,  hee  or  they  giving  at  least  three  dayes 
notice  or  warning  beforehand,  of  such  imploy- 
ment;  and  if  any  refuse  or  neglect  to  attend  the 
service  in  any  manner  aforesaid,  hee  shall  forfeit 
for  every  days  neglect  of  a  mans  worke,  two 
shillings  six  pence,  and  C|f  a  team,  sixe  shillings ; 
which  said  fynes  shaH  bee  imployed  by  the  sur- 
veyors to  hire  others  to  warfee  in  the  said  wayes ; 


100  BLUE   LAWS  OF   CONNECTICUT. 

and  the  surveyors  shall  within  foure  dayes 
after  the  severall  dayes  appointed  for  worke, 
deliver  in  to  some  magistrate,  a  true  present- 
ment of  all  such  as  have  beene  defective,  with 
theire  severall  neglects,  who  are  immediately  to 
graunt  a  distress  to  the  marshall  or  constable, 
for  the  levying  of  the  incurred  forfeiture,  by 
them  to  bee  delivered  to  the  surveyors,  for  the 
use  aforesaid ;  and  if  the  surveyor  neglect  to 
performe  the  service  hereby  committed  to  him, 
either  in  not  calling  out  all  the  inhabitants  in 
theire  severall  proportions,  as  before,  or  shall  not 
returne  the  names  of  those  that  are  defi- 
cient, hee  shall  incurr  the  same  penalty  as  those 
whome  hee  so  passes  by,  are  lyable  to,  by  vir- 
tue of  this  order  ;  which  shall  bee  imployed  to 
the  use  aforesaid,  and  to  bee  levyed  allso  by 
distress,  uppon  information  and  proofe  before 
any  one  magistrate. 

IDLBNES. 

It  is  ordered  by  this  courte  and  authority 
thereof,  That  no  person,  howseholder,  or  other, 
shall  spend  his  time  idlely  or  unprofitably, 
under  paine  of  such  punishment,  as  the  courte 


BLUE  LAWS  OF  CONNECTICUT.          101 

shall  thinke  meete  to  inflict,  and  for  this 
end,  it  is  ordered,  that  the  constable  of 
every  place,  shall  use  speciall  care  and  dilli- 
gence,  to  take  knowledge  of  offenders  in  this 
kinde;  especially  of  common  coasters,  un- 
proffitable  fowlers,  and  tobacko  takers,  and 
present  the  same  unto  any  magistrate,  who 
shall  have  power  to  heare  and  determine  the 
case,  or  transsfer  it  to  the  next  courte. 

INDIANS. 

It  is  ordered  and  decreed,  That  where  any 
company  of  indians  doe  sitt  downe  neare  any 
English  plantations,  that  they  shall  declare  who 
is  theire  Sachem  or  Cheife,  and  that  the  said 
Cheife  or  Sachem  shall  pay  to  the  said  English, 
such  tresspasses  as  shall  bee  committed  by  any 
indian,  in  the  said  plantation  adjoyning,  either 
by  spoyling  or  killing  any  cattle  or  swyne, 
either  with  trapps,  doggs  or  arrowes ;  and  they 
are  not  to  pleade,  that  it  was  done  by  strangers, 
unless  they  can  produce  the  partye,  and  deliver 
him  or  his  goods  into  the  custody  of  the  English ; 
and  they  shall  pay  the  double  dammage,  if  it 
were  done  voluntarily.  The  like  ingagement 
6* 


102          BLUE  LAWS  OP  CONNECTICUT. 

this  courte  allso  makes  to  them,  in  case  of 
wrong  or  injury  e  done  to  them  by  the  English; 
which  shall  bee  paid  by  the  partye  by  whome 
it  was  done,  if  hee  can  bee  made  to  appeare ;  or 
otherwise,  by  the  towne  in  whose  limmits  such 
facts  are  committed. 

Fforasmuch,  as  our  lenity  and  gentlenes  towards       ( 
Indians,  hath  made  them  growe  bold  and  inso- 
lent to  enter  into  English  mens  howses  and  un-       \ 
advisedly  handle  swords,  and  peeces,  and  other 
instruments,  many  times  to  the  hazzard  of  limbs 
or  lives  of  English  or  Indians ;  and  allso,  oft 
steale  diverse  goods  out  of  such  howses  where 
they  resorte,  for  the  preventing  whereof, 

It  is  ordered,  That  whatsoever  indian  shall 
hereafter,  meddle  with,  or  handle  any  English 
mans  weapons  of  any  sorte,  either  in  theire 
howses,  or  in  the  feilds,  they  shall  forfeitt  for 
every  such  defaulte,  halfe  a  fathom  of  wampum ; 
and  if  any  hurte  or  injurye  shall .  thereupon 
follow  to  any  persons  life  or  limbe,  though  ac- 
cidentall,  they  shall  pay  life  for  life,  limbe  for 
limbe,  wound  for  wound;  and  shall  pay  for  the 
healing  of  such  wounds,  and  other  dammages : 


BLUE   LAWS   OF   CONNECTICUT.  103 

And  for  any  thinge  they  steale,  they  shall  pay 
double,  and  suffer  such  further  punnishment  as 
the  magistrates  shall  adjudge  them.  The  con- 
stable of  any  towne  may  attache  and  arrest  any 
Indian  that  shall  transsgress  in  any  such  kinde 
beforementioned,  and  bring  them  before  some 
magistrate,  who  may  execute  the  penalty  of 
this  order  uppon  offenders  in  any  kinde,  except 
life  or  limbe ;  and  auy  person  that  doth  see 
such  defaults,  may  prosecute,  and  shall  have 
halfe  the  forfeiture. 

It  is  ordered  by  this  courte,  and  authority 
thereof,  That  no  man  within  this  jurissdiction, 
shall  directly,  or  indirectly,  amend,  repaire,  or 
cause  to  be  amended  or  repared,  any  gunn, 
small  or  great,  belonging  to  any  indian,  nor 
shall  indeavor  the  same,  nor  shall  sell  nor  give 
to  any  indian,  directly  nor  indirectly,  any  such 
gunn,  nor  any  gunpowder  or  shott,  or  lead,  or 
shott  mould,  or  any  millitary  weapon  or 
weapons,  armor,  or  arrowe  heads,  nor  shall 
sell  nor  barter,  nor  give  any  dogg  or  doggs, 
small  or  great,  uppon  paine  of  ten  pounds  fyne 
for  every  offence,  at  least,  in  any  one  of  the 
aforementioned  perticulars ;  and  the  court  shall 


104:  BLUE  LAWS  OF   CONNECTICUT. 

have  power  to  increase  the  fyne,  or  to  impose  $ 
corporall  punishment,  where  a  fyne  cannott  bee  \ 
had,  at  theire  discretion. 

And  it  is  allso  ordered,  That  no  person  nor 
persons  shall  trade  with  them,  at,  or  about 
theire  wigwams,  but  in  theire  vessells  or  pin- 
naces, or  at  theire  owne  howses,  on  penalty  of 
twenty  shillings  for  each  default. 

Whereas  it  doth  appeare,  that  notwithstanding  \ 

the  former  lawes  make  against  selling  gunns  "> 

and  powder,  to  indians,  they  are  yet  supplied  J 
by  indirect  means.; 

It  is  therefore  ordered  and  decreed,  That  if 
any  person,  after  publishing  of  this  order,  shall 
sell,  barter,  or  transporte  any  gunns,  powder,       J 
bullitts  or  lead,  to  any  person  inhabiting  out       \ 
of  this  jurissdiction,  without   license  of  this       { 
courte,  or  from  some  two  magistrates,  hee  shall 
forfeitt  for  every  gunn,  ten  pounds :  for  every 
pound  of  gun  powder,  five  pounds ;  for  every 
pound  of  bullitts,  or  lead,  forty  shillings ;  and 
so  proportionably,  for  any  greater  or  lesser 
quantity;    provided  notwithstanding,  that  is 
left  to  the  judgement  of  the  courte,  that  where 


BLUE   LAWS   OF   CONNECTICUT.  105 

any  offence  is  committed  against  the  said  order, 
either  to  agravate  or  lessen  the  penalty,  accord- 
ing as  the  nature  of  the  offence  shall  require. 

>  Whereas  diverse  persons  departe  from  amongst 
us,  and  take  up  theire  abode  with  the  indians, 
in  aprophane  course  of  life  for  the  preventing 
whereof; 

It  is  ordered,  That  whatsoever  person  or 
persons,  that  now  inhabiteth,  or  shall  inhabitt 
within  this  jurissdiction,  and  shall  departe 
from  us,  and  settle  or  joyne  with  the  indians, 
^  that  they  shall  suffer  three  years  imprisonment, 
at  least,  in  the  howse  of  correction  ;  and  under- 
go such  further  censure,  by  fyne  or  corporall 
punnishment,  as  the  perticular  courte  shall 
judge  meete  to  inflict  in  such  cases. 

Whereas  theffrench,  Dutch,  and  other  forraigne 
nations  doe  ordinarily  trade  gunns,  powder, 
shott,  £c.  with  the  indians,  to  our  great  pre- 
judice, and  the  strengthening  and  animating 
of  the  indians  against  us,  as  by  dayly  experi- 
rience  we  finde  ;  and  whereas  the  aforesaid 
ffrench,  Dutch,  £c.  doe  prohibitt  all  trade 


106  BLUE  LAWS   OF   CONNECTICUT. 

with  the  indians,  within  theire  respective  ju- 
rissdictionS)  under  penalty  of  confiscation  ; 

It  is  therefore,  hereby  ordered  by  this  courte 
and  authority  thereof,  That  after  due  publica- 
tion hereof,  it  shall  not  bee  lawfull  for  any 
{frenchmen,  Dutchmen,  or  person  of  any  other 
forraigne  nation.or  any  English  living  amongst 
them,  or  under  the  government  of  them,  or  any 
of  them,  to  trade  with  any  -indian  or  indians, 
within  the  limmits  of  this  jurissdiction,  either  di- 
rectly or  indirectly,  by  themselves  or  others,  un- 
der penalty  of  confiscation  of  all  such  goods 
and  vessells,  as  shall  bee  found  so  trading,  or 
the  due  value  thereof,  uppon  just  proofe  made 
of  any  goods,  of  any  vessells  so  trading  or 
traded :  And  it  shall  bee  lawful  for  any  person 
or  persons  inhabiting  within  this  jurissdiction, 
to  make  seizure  of  any  such  goods  or  vessells 
trading  with  the  indians,  as  by  this  law  is  pro- 
hibited, the  one  halfe  whereof  .shall  bee  to  the 
propper  use  and  benefit  of  the  partye  seizing, 
and  the  other  to  the  publique. 

This  courte  judging  it  necessary  that  some 
means  should  bee  used  to  convey  the  light  and 


BLUE   LAWS   OF   CONNECTICUT.  107 

knowledge  of  God  and  his  worde  to  the  Indians 
and  natives  amongst  us,  doe  order,  that  one  of 
the  teaching  elders  of  the  churches  in  this  juriss- 
diction,  with  the  helpe  of  Thomas  Staunton, 
shall  be  desired,  twise,  at  least,  in  every  yeare, 
to  goe  amongst  the  neighbouring  indians,  and 
indeavour  to  make  knowne  to  them,  the  coun- 
cells  of  the  Lord,  and  thereby  to  draw  and  stirr 
them  up ;  to  direct  and  order  all  theire  wayes 
and  conversations,  according  to  the  rule  of  his 
worde ;  and  Mr.  Governor,  and  Mr.  Deputy, 
and  the  other  magistrates,  are  desired  to  take 
care  and  see"  the  thinge  attended,  and  with  theire 
owne  presence,  so  farre  as  may  bee  convenient, 
incourage  the  same. 

This  courte  having  duly  weighed  the  joint 
determination  and  agreement  of  the  commis- 
sioners of  the  United  English  colonyes,  at 
New-Haven,  of  Anno  1646,  in  reference  to  the 
indians,  and  judging  it  to  bee  both  according  to 
rules  of  prudence  and  righteousnes,  doe  fully 
assent  thereunto,  and  order  that  it  bee  recorded 
amongst  the  acts  of  this  courte,  and  attended 
in  future  practice,  as  occasions  may  present 
and  require ;  The  said  conclusion  is  as  follows : 


108  BLUE   LAWS   OF   CONNECTICUT. 

The  commissioners  seriously  considering  the 
many  willfull  wrongs  and  hostile  practices  of 
the  indians,  against  the  English,  together  with 
theire  interteining,  protecting  and  rescuing  of 
offenders,  as  late  our  experience  sheweth,  which, 
if  suffered,  the  peace  of  the  colonyes  cannot 
bee  secured ; 

It  is  therefore  concluded,  that  in  such  case, 
the  magistrates  of  any  of  the  jurissdictions, 
may,  at  the  charge  of  the  plaintiff,  send  some 
convenient  strenght  of  English,  and  according 
to  the  nature  and  value  of  the  offence  and 
dammage,  seize  and  bring  away  any  of  that 
plantation  of  indians  that  shall  interteine,  pro- 
tect or  rescue  the  offender,  though  hee  should 
bee  in  another  jurissdiction,  when  through 
distance  of  place,  commission  or  direction  can- 
nott  bee  had,  after  notice  and  due  warning 
given  them,  as  actors,  or  at  least,  accessary  to 
the  injurye  and  dammage  done  to  the  English; 
onely  women  and  children  to  bee  sparingly 
seized,  unless  knowne  to  bee  someway  guilty ; 
and  because  it  will  be  chargeable  keeping 
indians  in  prison,  and  if  they  should  escape, 
they  are  like  to  prove  more  insolent  and  dan- 


BLUE   LAWS   OP   CONNECTICUT.          109 

gerous  after.  It  was  thought  fitt,  that  uppon 
such  seizure,  the  delinquent,  or  satisfaction  bee 
again  demanded  of  the  Sagamore,  or  plantation 
of  indians  guilty,  or  accessary,  as  before ;  and 
if  it  bee  denyed,  that  then  the  magistrates  of 
this  jurissdiction,  deliver  up  the  Indian  seized 
by  the  partye  or  partyes  endammaged,  either 
to  serve,  or  to  bee  shipped  out  and  exchanged 
for  neagers,  as  the  case  will  justly  beare ;  and 
though  the  comissioners  foresee,  that  said 
severe,  though  just  proceeding  may  provoke 
the  indians  to  an  unjust  seizing  of  some  of 
ours,  yet  they  could  not,  at  present,  find  no 
better  means  to  preserve  the  peace  of  the  colo- 
nyes;  all  the  aforementioned  outrages  and 
insolences  tending  to  an  open  warr;  onely  they 
thought  fitt,  that  before  any  such  seizure  bee 
made  in  any  plantation  of  indians,  the  ensuing 
declaration  bee  published,  and  a  coppye  given 
to  the  perticular  Saggamores. 

The  commissioners  for  the  United  Colnoyes 
considering  how  peace  with  righteousnes  may 
bee  preserved  betwixt  all  the  English,  and  the 
severall  plantations  of  the  indians,  thought  fitt 
to  declare  and  publish,  as  they  will  doe  no 


— •< 

110  BLUE   LAWS  OF  CONNECTICUT. 

injurye  to  them,  so  if  any  Indian  or  indians  of 
}  what  plantation  soever,  doe  any  willfull  dam- 
mage  to  any  of  the  English  colonyes,  uppon 
proofe,  they  will  in  a  peaceable  way,  require 
just  satisfaction,  according  to  the  nature  of  the 
offence  and  dammage ;  but  if  any  Saggamore 
or  plantation  of  indians,  after  notice  and  due 
warninge,  interteine,  hyde,  protect,  keepe,  con- 
vey away,  or  further  the  escape  of  any  such 
|  offendor  or  offenders,  the  English  will  require 
\  satisfaction  of  such  indian  and  Saggamore, 
or  indian  plantation ;  and  if  they  deny  it,  they 
wil  right  themselves  as  they  may,  uppon  such 
as  so  meinteine  them  that  doe  the  wrong,  keep- 
ing peace  and  all  termes  of  amity  and  agree- 
ment with  all  other  indians 

INKEEPERS. 

Fforasmuch,  as  there  is  a  necessary  use  of  howses 
of  common  interteinement,  in  every  common- 
wealth, and  of  such  as  retaile  wine,  beare  and 
victualls ;  yet,  because  there  are  so  many  abuses 
of  that  lawful  libber  ty,  both  by  persons  intertein- 
ing,  and  persons  interteined,  there  is  allso  need 


BLUE  LAWS  OF   CONNECTICUT.          Ill 

of  strict  lawes  and  rules  to  regulate  such  an  im- 
ployment. 

It  is  therefore  ordered  by  this  Courte  and  au- 
thority thereof,  That  no  person  or  persons 
licenced  for  common  interteinment,  shall  suffer 
any  to  bee  drunken,  or  drinke  excessively, 
viz.  above  halfe  a  pinte  of  wyne,  for  one 
person,  at  one  time,  or  to  continue  tipling 
above  the  space  of  halfe  an  houre,  or  at  un- 
reasonable times,  or  after  nine  of  the  clock  at 
night,  in  or  about  any  of  theire  howses,  on 
penalty  of  five  shillings  for  every  such  offence ; 
and  every  person  found  drunken,  viz.  so  that 
hee  bee  thereby  bereaved  or  dissabled  in  the 
use  of  his  understanding,  appearing  in  his 
speech  or  gesture,  in  any  of  the  said  howses  or 
elsewhere,  shall  forfeitt  ten  shillings ;  and  for 
excessive  drinking,  three  shillings  foure  pence ; 
and  for  continuing  above  halfe  an  houre,  tip- 
ling,  two  shillings  six  pence ;  and  for  tipling 
at  unseasonable  times,  or  after  nine  o'clock  at 
night,  five  shillings,  for  every  offence  in  these 
perticulars,  being  lawfully  convicted  thereof; 
and  for  want  of  payment,  such  shall  bee  im- 


112  BLUE  LAWS   OF   CONNECTICUT. 

prisoned  until  they  pay,  or  bee  sett  in  the 
stocks,  one  houre  or  more,  in  some  open  place, 
as  the  weather  will  permitt,  not  exceeding 
three  houres  at  one  time;  provided,  notwith- 
standing, such  licensed  persons  may  interteine 
seafaring  men  or  land  travellers  in  the  night 
season,  when  they  come  first  on  shoare,  or 
from  theire  journeye,  for  theire  necessary  re- 
freshment, or  when  they  prepare  for  theire 
voyage  or  journye  the  next  day  early,  so  bee 
no  dissorder  amongst  them;  and  allso,  stran- 
gers and  other  persons,  in  an  orderly  way,  may 
continue  at  such  howses  of  common  interteine- 
ment  during  meal  times,  or  uppon  lawfull 
business,  what  time  theire  occassions  shall  re- 
quire. 

And  it  is  allso  ordered,  That  if  any  person 
offend  in  drunkenness,  excessive  or  long  drink- 
ing, the  second  time,  they  shall  pay  double 
fynes ;  and  if  they  fall  into  the  same  offence 
the  third  time,  they  shall  pay  treble  fynes  and 
if  the  parties  bee  not  able  to  pay  theire  fynes, 
then  hee  that  is  found  drunken  shall  bee  pun- 
nished  by  whipping,  to  the  number  of  ten 
stripes ;  and  hee  that  offends  by  excessive  or  long 


BLUE   LAWS   OF  CONNECTICUT.          113 

drinking,  shall  bee  put  into  the  stocks  for  three 
hours,  when  the  weather  may  not  hazzard  his 
life  or  limbs;  and  if  they  offend  the  fourth 
time,  they  shall  bee  imprisoned  untill  they  put 
in  two  sufficient  sureties  for  their  good  be- 
havior. 

And  it  is  further  ordered,  That  the  severall 
townes  uppon  the  river,  within  this  jurissdic- 
tion,  shall  provide  amongst  themselves,  in  each 
towne,  one  sufficient  inhabitant,  to  keepe  an 
ordinary  for  provision  and  lodging,  in  some 
comfortable  manner,  that  passengers  or  stran- 
gers may  know  where  to  resorte ;  and  such  in- 
habitants, as  by  the  severall  townes.  shall  bee 
chosen  for  the  said  service,  shall  bee  presented 
to  two  magistrates,  that  they  may  judge  meete 
for  that  imployment ;  and  this  to  be  effected  by 
the  severall  townes  within  one  month,  under 
the  penalty  of  forty  shillings  a  month,  for  each 
month  that  each  towne  shall  neglect  the  same. 

And  it  is  allso  further  ordered,  That  every 
inkeeper  or  victualler  shall  provide  for  in- 
terteinement  of  strangers  horses,  viz.  one  or 
more  inclosures  for  summer,  and  hay  and  pro- 
vender for  winter,  with  convenient  stable  roome 
-jn* 


114          BLUE  LAWS  OF  CONNECTICUT. 

and  attendance,  under  penalty  of  two  shillings 
six  pence  for  every  dayes  default  and  double 
dammage  to  the  partye  thereby  wronged,  ex- 
cept it  bee  by  inevitable  accident. 

Lastly,  It  is  ordered  by  the  authority  afore- 
said, That  all  constables  may,  and  shall,  from 
time  to  time,  duely  make  search  throughout 
the  lim  mitts  of  theire  townes,  uppon  Lords  dayes 
and  lecture  dayes,  in  times  of  exercise;  and 
allso,  at  all  other  times,  so  oft  as  they  shall  see 
cause,  for  all  oifences  and  offenders  against  this 
law,  in  any  the  perticulars  thereof;  and  if 
uppon  due  information  or  complaint  of  any  of 
theire  inhabitants,  or  other  credible  persons 
whether  taverner,  victualler,  tabler,  or  other, 
they  shall  refuse  or  neglect  to  make  search  as 
aforesaid,  or  shall  not  to  theire  power,  performe 
all  other  thinges  belonging  to  theire  place  or 
office  of  constableship,  then  uppon  complaint 
and  due  proofe  before  any  one  magistrate, 
within  three  months  after  such  refusall  or  ne- 
glect, they  shall  be  fyned  for  every  such  offence, 
ten  shillings,  to  bee  levied  by  the  marshall,  as 
in  other  cases,  by  warrant  from  such  magistrate 
before  whome  they  are  convicted,  or  warrant 


BLUE   LAWS   OF   CONNECTICUT.  115 

from  the  Treasurer,  uppon  notice  from  such 
magistrate. 

It  is  ordered  by  this  courte  and  authority 
thereof,  That  no  inkeeper,  victualer,  wine 
drawer,  or  other,  shall  deliver  any  wyne,  nor 
suffer  any  to  bee  delivered  out  of  his  howse  to 
any  which  come  for  it,  unless  they  bring  a  note 
under  the  hand  of  some  one  master  of  some 
familye  and  allowed  inhabitant  of  that  towne ; 
neither  shall  sell  or  draw  any  hott  water  to 
any  but  in  case  of  necessitye,  and  in  such 
moderation  for  quantity,  as  they  have  good 
grounds  to  conceive  it  may  not  bee  abused, 
and  shall  bee  ready  to  give  an  account  of  theire 
doings  herein,  when  they  are  called  thereto, 
under  censure  of  the  courte.  in  case  of  delin- 
quency. 

INCITEMENTS. 

If  any  person  shall  bee  indicted  for  any  cap- 
itall  crime,  who  is  not  then  in  durance,  and 
shall  refuse  to  render  his  person  to  some  ma- 
gistrate, within  one  month  after  three  proclama- 
tions publiquely  made  in  the  town  where  hee 
usually  abides,  there  being  a  month  betwixt 
proclamation  and  proclamation,  his  lands  and 


~1 


BLUB   LAWS  OF   CONNECTICUT. 

goods  shall  bee  seized  to  the  use  of  the  com- 
mon treasury,  till  hee  make  his  lawful  appear- 
ance, and  such  withdrawing  of  himselfe,  shall 
stand  in  stead  of  one  wittness  to  prove  his  crime, 
unless  he  can  make  it  appeare  to  the  courte, 

that  he  was  necessarily  hindred. 

t 

JUKYES   AND   JURORS. 

It  is  ordered  by  the  authority  of  this  courte, 
That  in  all  cases  which  are  entred,  under  forty 
shillings,  the  sute  shall  bee  left  to  be  tryed  by 
the  courte  of  magistrates,  as  they  shall  judge 
most  agreeable  to  equity  and  righteousnes ; 
and  in  all  cases  that  are  tryed  by  juries,  it  is 
left  to  the  magistrates  to  impannell  a  jury  of 
sixe  or  twelve,  as  they  shall  judge  the  nature 
of  the  case  shall  require ;  and  if  foure  of  sixe, 
or  eight  of  twelve  agree,  the  verdict  shall  bee 
deemed  to  all  intents  and  purposes,  sufficient 
and  full ;  uppon  which,  judgment  may  bee  en- 
tred and  execution  granted,  as  if  they  had  all 
concurred ;  but  if  it  fall  out,  that  there  bee  not 
such  a  concurrence,  as  is  before  mentioned, 
the  jurors  shall  returne  the  case  to  the  courte 
with  theire  reasons,  and  a  speciall  verdict  is  to 


BLUE  LAWS   OF   CONNECTICUT.  117 

be  drawne  thereupon,  and  the  vote  of  the 
greater  number  of  magistrates  shall  carrye  the 
same,  and  the  judgment  to  bee  entred,  and 
other  proceedings  as  in  case  of  a  verdict  by  a 
jury. 

And  it  is  further  ordered,  That  the  courte  of 
magistrates  shall  have  libbertye,  (if  they  do  not 
finde  in  their  judgements  the  jury  to  have  at- 
tended the  evidences  given  in,  and  true  issue  of 
the  case  in  theire  verdict)  to  cause  them  to  re- 
turne  to  a  second  consideration  thereof ;  and  if 
they  still  persist  in  theire  former  opinion,  to 
the  dissatisfaction  of  the  courte,  it  shall  bee 
in  the  power  of  the  Courte,  to  impannell  another 
jurye,  and  committ  the  consideration  of  the  case 
to  them :  and  it  is  allso  left  in  the  power  of  the 
courte  to  varye  and  alter  the  dammages  given 
in  by  any  jurye,  as  they  shall  judge  most  equall 
and  righteous;  provided,  that  what  alteration 
shall  at  any  time  bee  made  in  that  kinde,  bee 
done  in  open  courte,  before  plaintiff  and  defen- 
dant, or  affidavitt  made,  that  they  have  beene 
required  to  bee  present ;  and  that  alteration 
which  is  made,  bee  done  either  the  same  courte, 
or  provision  made  to  secure  the  verdict  of  the 


BLUE   LAWS   OF   CONNECTICUT. 

jury,  untill  the  case  bee  fully  issued:  Aiid 
whereas  many  persons,  after  their  severall 
causes  in  courte  have  beene  tryed  and  issued, 
have  slipt  away,  or  otherwise  neglected,  if 
not  refused,  to  pay  the  charges  of  the  courte, 
according  to  order,  for  preventing  thereof,  for 
the  future,  it  is  ordered,  that  whosoever  shall 
have  any  action  or  sute  in  Courte  after  pub- 
lishing hereof,  shall,  as  soon  his  cause  is  issued, 
pay  the  whole  charges  of  the  courte,  that  con- 
cernes  either  jury  or  secretary,  before  hee  de- 
parts the  same ;  and  the  like  allso  shall  bee 
done  by  all  those  whose  actions  are  not  taken 
up  and  withdrawne  before  the  sitting  of  the 
courte  wherein  they  were  to  be  tryed,  or  other- 
wise, for  neglect  or  nonperformance  of  either, 
bee  committed  to  prison,  there  to  remaine  till 
hee  or  they  have  satisfied  the  same; 

GRAND   JURY. 

It  is  ordered  and  decreed  that  there  shall  be 
a  grand  jury  of  twelve  or  fourteen  able  men, 
warned  to  appear  every  courte,  yearly,  in  Sep- 
tember, or  as  many  and  oft  as  the  Governor  or 
courte  shall  thinke  meete,  to  make  presentment 


BLUE   LAWS   OF  CONNECTICUT.  119 

of  the  breaches  of  any  lawes  or  orders,  or  any 
other  missdemeanors  they  shall  know  of  in  this 
jurissdiction. 

LANDS.    FKEELANDS. 

It  is  ordered,  and  by  this  courte  declared, 
That  our  lands  and  heritages,  shall  be  free  from 
all  fynes  and  lycences  uppon  alienations ;  and 
from  all  harriotts,  wardships,  liveries,  primer 
seizins,  yeare  day  and  waste,  escheats  and  for- 
feitures, uppon  the  death  of  parents  or  ances- 
tors, bee  they  naturall,  unnaturall,  casuall  or 
juditiall,  and  that  forever. 

LEVYES. 

Fforasmuch  as  the  marshalls  and  other  officers, 
have  complained  to  this  courte,  that  they  are  of- 
ten times  in  great  doubt  how  to  demean  them- 
selves in  the  execution  of  their  offices  • 

It  is  ordered  by  the  authority  of  this  courte, 
That  in  case  of  fynes  and  assessments  to  bee 
levyed,  and  uppon  execution,  in  civill  actions, 
the  officer  shall  demand  the  same  of  the  party, 
or  at  his  howse  and  place  of  usuall  aboade,  and 


120        BLUE  LAWS  OF   CONNECTICUT. 

uppon  refusall  or  nonpayment,  hee  shall  have 
power  of  calling  the  constable,  if  hee  see  cause 
for  his  assistance,  to  breake  open  the  dore  of 
any  howse,  chest,  or  place,  where  hee  shall 
have  notice  that  any  goods  lyable  to  such  levye 
or  execution,  shall  bee ;  and  if  hee  bee  to  take 
the  person,  hee  may  doe  the  like,  if  uppon  de- 
maund,  hee  shall  refuse  to  render  himselfe; 
and  whatsoever  charges  the  officer  shall  neces- 
sarily bee  put  unto  uppon  any  such  occassion, 
hee  shall  have  power  to  levye  the  same,  as  hee 
doth  the  debt,  fyne  or  execution ;  and  if  the 
officer  shall  levye  any  such  goods  uppon  exe- 
cution, as  cannot  bee  conveyed  to  the  place 
where  the  party  dwells,  for  whome  such  exe- 
cution shall  bee  levyed,  without  considerable 
charge,  hee  shall  levye  the  said  charge  allso 
with  the  execution;  the  like  order  shall  bee 
observed  in  levying  of  fynes,  provided,  it  shall 
not  bee  lawfull  for  such  officer  to  levye  any 
mans  necessary  bedding,  apparrell,  tooles  or 
armes,  neither  implements  of  household,  which 
are  for  the  necessary  upholding  of  his  life ;  but 
in  such  case,  hee  shall  leveye  his  land  or  person, 
according  to  law;  and  in  no  case,  shall  the 


BLUB   LAWS  OF   CONNECTICUT. 

officer  bee  put  to  seeke  out  any  mans  estate  fur- 
ther then  his  place  of  aboade ;  but  if  the  party 
will  not  discover  his  goods  or  land,  the  officer 
may  take  his  person. 

And  it  is  allso  ordered  and  declared,  That  if 
any  officer  shall  doe  injurye  to  any,  by  colour 
of  his  office,  in  these,  or  any  other  cases,  hee 
shall  bee  lyable,  uppon  complaint  of  the  party 
wronged,  by  action  or  information,  to  make 
full  restitution. — See  Marshall. 

LYINGE. 

Whereas  truth  in  words,  as  well  as  in  actions, 
is  required  of  all  men,  especially,  of  chris- 
tians,  who  are  the  professed  servants  of  the 
Lord  of  truth;  and  whereas,  all  lying  is 
contrary  to  truth,  and  some  sortes  of  lyes  are 
not  only  sinfull,  as  all  lyes  are,  but  allso,  per- 
nicious to  the  publique  weal  and  injurious  to 
perticular  persons : 

It  is  therefore  ordered  by  this  courte,  and 

authority  thereof,  That  every  person  of  the 

age  of  discretion,  which  is  accounted  fourteene 

yeares,  who  shall  wittingly  and  willingly,  make 

11 


122  BLUE   LAWS   OF   CONNECTICUT. 

or  publish  any  lye,  which  may  bee  pernicious 
to  the  publique  weal,  or  tending  to  the  dam- 
mage  or  injury  of  any  perticular  person,  to  de- 
ceive and  abuse  the  people  with  false  news  or 
reportes,  and  the  same  duly  prooved  in  any 
courte,  or  before  any  one  magistrate,  who  hath 
hereby  power  graunted,  to  heare  and  determine 
all  offences  against  this  lawe,  such  persons  shall 
bee  fyned  for  the  first  offence,  ten  shillings,  or 
if  the  party  bee  unable  to  pay  the  same,  then 
to  bee  sett  in  the  stocks  so  long  as  the  said 
courte  or  magistrate  shall  appointe,  in  some 
open  place,  not  exceeding  three  houres ;  for  the 
second  offence  in  that  kinde,  whereof  any  shall 
bee  legally  convicted,  the  summe  of  twenty 
shillings,  or  be  whipped  uppon  the  naked  body, 
not  exceeding  twenty  stripes,  and  for  the  third 
offence  that  way,  forty  shillings,  or  if  the  party 
bee  unable  to  pay,  then  to  bee  whipped  with 
more  stripes,  not  exceeding  thirtye;  and  if 
yett,  any  shall  offend  in  like  kinde,  and  bee 
legally  convicted  thereof,  such  person,  male  or 
female,  shall  bee  fyned  ten  shillings  at  a  time, 
more  then  formerly,  or  if  the  party  so  offend- 
ing, bee  unable  to  pay,  then  to  be  whipped  with 


BLUE   LAWS  OF   CONNECTICUT.          123 

five  or  six  stripes  more  then  formerly,  not  ex- 
ceeding forty  at  any  time :  And  for  all  such  aa 
being  under  age  of  discretion,  that  shall  offend 
in  lyinge  contrary  to  this  order,  theire  parents 
or  masters  shall  give  them  due  correction,  and 
that  in  the  presence  of  some  officer,  if  any 
magistrate  shall  so  appointe;  provided  allso, 
that  no  person  shall  bee  barred  of  his  just 
action  of  slander,  or  otherwise,  by  any  pro- 
ceeding uppon  this  order. 

MASTERS,   SERVANTS,  SOJOURNERS. 

It  is  ordered  by  this  courte  and  authority 
thereof,  That  no  master  of  a  familye  shall  give 
interteinment  or  habitation  to  any  younge  man 
to  sojourne  in  his  familye,  but  by  the  allowance 
of  the  inhabitants  of  the  towne  where  he  dwells, 
under  the  penalty  of  twenty  shillings  per  week ; 
And  it  is  allso  ordered,  That  no  young  man 
that  is  neither  married,  nor  hath  any  servant, 
nor  is  a  publique  officer,  shall  keepe  howse  by 
himselfe,  without  the  consent  of  the  towne,  for, 
and  under  paine  or  penalty  of  twenty  shillings 
a  week. 

It  is  allso  ordered  by  the  authority  aforesaid, 


124  BLUE   LAWS   OF   CONNECTICUT. 

That  no  servant,  either  man  or  maid,  shall  either 
give,  sell  or  truck,  any  commodity  whatsoever, 
without  license  from  theire  master,  during  the 
time  of  theire  service,  under  paine  of  fyne  or 
corporall  punnishment,  at  the  discretion  of  the 
Courte,  as  the  offence  shall  deserve ;  and  that  all 
workmen  shall  work  the  whole  day,  allowing 
convenient  time  for  food  and  rest. 

It  is  allso  ordered,  That  when  any*  servants 
shall  runn  from  theire  masters,  or  any  other  in- 
habitants shall  privately  goe  away  with  sus-' 
picion  of  ill  intentions,  it  shall  bee  lawfull  for 
the  next  magistrate,  or  the  constable  and  two 
of  the  cheifest  inhabitants,  where  no  magistrate 
is,  to  press  men  and  boates  or  pinnaces,  at  the 
publique  charge,  to  pursue  such  persons  by  sea 
or  land,  and  bring  them  back  by  force  of 
armes. 

And  whereas  many  stubborne,  refractory  and 
discontented  servants  and  apprentices,  with- 

.  draw  themselves  from  theire  masters  services, 
to  improve  their  time  to  theire  owne  advan- 
tage, for  the  preventing  whereof, 

It  is  ordered,  That  whatsoever  servant  or 


BLUE   LAWS   OF   CONNECTICUT.  125 

apprentice  shall  hereafter  offend  in  that  kinde, 
before  their  covenants  or  terme  of  service  are 
expired,  shall  serve  theire  said  masters,  as  they 
shall  be  apprehended  or  retained,  the  treble 
term,  or  three  fold  time  of  theire  absence  in 
such  kinde. 

MANSLAUGHTER. 

It  is  ordered  by  this  court  and  authority 
thereof,  That  if  any  person  in  the  just  and  ne- 
cessary defence  of  his  life,  or  the  life  of  any 
other,  shall  kill  any  person  attempting  to  rob  or 
murther  in  the  feilds  or  higheway,  or  to  breake 
into  any  dwelling  howse,  if  hee  conceive  hee 
cannot  with  safety  of  his  owne  person,  other- 
wise take  the  ffellon,  or  assailant,  and  bring 
him  to  tryall,  he  shall  be  houlden  blameless. 

MAGISTRATES. 

This  courte  being  sensible  of  the  great  dissorders 
growing  in  this  commonwealth,  through  the 
contempts  cast  uppon  the  civill  authority 
which  willing  to  prevent, 

Doe  order  and  decree,  That  whosoever  shall 


126  BLUE  LAWS  OF   CONNECTICUT. 

henceforth,  openly  or  willingly,  defame  any 
courte  of  justice,  or  the  sentences  and  proceed- 
ings of  the  same,  or  any  of  the  magistrates  or 
judges  of  any  such  courte,  in  respect  of  any 
act  or  sentence  therein  passed,  and  being 
thereof  lawfully  convicted  in  any  generall 
courte,  or  courte  of  magistrates,  shall  bee  pun- 
nished  for  the  same,  by  fyne,  imprisonment,  dis- 
f ranch isemeut,  or  bannishment,  as  the  quality 
and  measure  of  the  offence  shall  deserve. 

MAEEIAGE. 

fforasmuch  as  many  persons  intangle  themselves 
with  rashe  and  inconsiderate  contracts  for 
theire  future  joininge  in  marriage  covenant, 
to  the  great  trouble  and  greife  of  themselves 
and  theire  ffriends,  for  the  preventing  thereof , 

It  is  ordered  by  the  authority  of  this  courte, 
That  whosoever  intends  to  joine  themselves  in 
marriage  covenant,  shall  cause  theire  purpose 
of  contract  to  bee  published  in  some  publique 
place,  and  at  some  publique  meeting,  in  the 
severall  townes  where  such  persons  dwell,  at 
the  least,  eight  dayes  before  they  enter  into 


BLUE   LAWS  OF   CONNECTICUT.          127 

such  contract,  whereby  they  engage  themselves 
each  to  other ;  and  that  they  shall  forbeare  to 
joine  in  marriage  covenant,  at  least  eight  days 
after  the  said  contract. 

And  it  is  allso  ordered  and  declared,  That 
no  person  whatsoever,  male  or  female,  not 
being  at  his  or  her  owne  dispose,  or  that  re- 
maineth  under  the  government  of  parents, 
masters  or  guardians,  or  such  like,  shall  either 
make  or  give  interteinment  to  any  motion  or 
sute,  in  way  of  marriage,  without  the  know- 
ledge and  consent  of  those  they  stand  in  such 
relation  to,  under  the  severe  censure  of  the 
courte,  in  case  of  delinquency  not  attending 
this  order ;  nor  shall  any  third  persons  inter- 
meddle in  making  any  motion  to  any  such, 
without  the  knowledge  and  consent  of  those 
under  whose  government  they  are,  under  the 
same  penalty.  Marriages  and  Births.  —  See 
Records.* 

*  This  prohibition  in  regard  to  the  marriage  of  minors 
was  a  very  judicious  one.  The  Roman  Civil  Law  re* 
cognized  its  propriety,  and  enacted  that  the  want  of  the 
consent  of  the  pater-familias  was  one  of  the  legitimate 
impedimenta  to  the  nuptial  bond.  Digesta  Justin.  XXIII., 
2,  3.— S.  M.  S. 


128  BLUE   LAWS   OF  CONNECTICUT. 

MARSHALL. 

It  is  ordered  by  this  courte,  That  the  mar- 
shall  shall  bee  allowed  for  every  execution  hee 
serves,  which  is  under  the  summe  of  five 
pounds,  two  shillings  six  pence,  and  four  pence 
for  every  myle  hee  goes  to  serve  the  said  exe- 
cution, out  of  the  towne  where  he  liveth ;  and 
for  every  execution  hee  serves,  of,  or  above  five 
pounds,  and  under  the  summe  of  ten  pounds, 
hee  shall  bee  allowed  three  shillings  foure 
pence,  and  foure  pence  for  every  myle,  as  be- 
fore; and  for  every  execution  hee  serves,  of, 
or  above  the  summe  of  ten  pounds,  hee  shall 
bee  allowed  five  shillings,  and  four  pence  for 
every  myle,  as  before;  Allso,  hee  is  to  bee 
allowed  his  other  just  and  necessary  charges ; 
onely  it  is  provided,  that  if  hee  bee  excessive 
therein,  uppon  due  complaint  and  proofe  made, 
it  shall  be  redressed. 

And  it  is  allso  further  ordered,  That  the 
marshall  shall  bee  allowed  for  every  attache- 
ment  hee  serves,  halfe  so  much  as  is  before 
allowed  him  for  executions;  onely  hee  is  to 
have  four  pence  for  every  myle  he  goes  to 
serve  the  attachement,  as  before. 


BLUE   LAWS   OP  CONNECTICUT.  129 

It  is  further  ordered  by  this  courte  and  au- 
thority thereof,  That  every  officer  that  shall,  at 
any  time  bee  fyned  for  the  breach  of  any  po3- 
nall  lawe,  or  other  just  cause,  such  person  or 
persons  so  offending,  shall  forthwith  pay  his  or 
theire  fyne  or  penalty,  or  give  in  security 
speedily  to  do  it,  or  else  shall  bee  imprisoned, 
or  kept  to  worke  till  it  bee  paid,  that  no  loss 
may  bee  to  the  commonwealth ;  and  what  other 
fynes  or  debts  are  already  due,  or  shall  bee  due 
to  the  country,  the  marshall,  for  the  time 
being,  uppon  warrant  from  the  Treasurer,  and 
according  to  his  oath,  shall  bee  faithfull  in 
doing  the  duty  of  his  place  in  levyinge  and  re- 
turning the  same,  uppon  paine  of  forfeiting 
two  shillings  of  his  owne  estate,  for  every 
pound,  or  else  such  fyne  as  any  courte  of  jus- 
tice shall  impose  on  him  for  his  neglect. 

MEASUEES  AND  WEIGHTS. 

Fforasmuch  as  it  is  observed,  that  there  are  diver- 
sitys  of  weights,  yardes  and  measures  amongst 
us,  whereby  dammages  many  times  ensueth  by 
commerce  with  sever  all  persons,  for  the  preventing 
whereof, 


130  BLUE   LAWS   OF   CONNECTICUT. 

It  is  now  ordered,  That  no  man  within  these 
libberties,  shall,  after  the  publishing  of  this 
order,  sell  any  commodityes,  but  by  sealed 
weight  or  measure,  under  the  penalty  of  twelve 
pence  each  default;  the  clarke  is  to  have  a 
penny  for  sealing  a  weight  or  measure  each 
time;  and  no  weight  or  measure  is  to  be 
accounted  authentick  that  is  not  sealed  or  ap- 
proved by  the  Clark  once  every  yeare,  and  the 
said  clark  is  to  break  or  demolish  such  weights, 
yardes  or  measures  as  are  defective. 

MILLITAEY  AFFAIEES. 

It  is  ordered,  and  by  this  courte  declared, 
That  all  persons  that  are  above  the  age  of  six- 
teeiie  yeares,  except  magistrates  and  church  of- 
ficers, shall  beare  arms,  unless  they  have,  uppon 
just  occassion,  exemption  graunted  by  the 
courte  :  and  every  male  person  within  this  ju- 
rissdiction,  above  the  said  age,  shall  have  in 
continuall  readines,  a  good  muskitt  or  other 
gunn,  fitt  for  service,  and  allowed  by  the  clark 
of  the  band,  with  a  sword,  rest  and  bandaleers, 
or  other  serviceable  provision  in  the  roome 


BLUE   LAWS  OF   CONNECTICUT.  131 

thereof,  where  such  cannott  bee  had ;  as  allso 
such  other  millitary  provision  of  powder,  match 
and  bullitts  as  the  lawe  requires ;  and  if  any 
person  who  is  to  provide  armes  or  ammunition, 
cannot  purchase  them  by  such  means  as  he 
hath,  hee  shall  bring  to  the  dark  so  much 
corne  or  other  merchantable  goods,  as  by  ap- 
prizement  of  the  said  dark  and  two  others  of 
the  company,  (whereof  one  to  bee  chosen  by 
the  party  and  the  other  by  the  clarke,)  as  shall 
be  judged  of  a  greater  value  by  a  fifth  parte, 
then  such  armes  or  ammunition  is  of,  hee  shall 
bee  excused  of  the  penalty  for  the  want  of 
armes,  (but  not  for  want  of  appearance)  untill 
hee  bee  provided ;  and  the  dark  shall  indeavour 
to  furnish  him  so  soon  as  may  bee,  by  sale  of 
such  goods  so  deposited,  rendering  the  overplus 
to  the  partye;  But  if  any  person  shall  not  bee 
able  to  provide  himselfe  armes  or  ammunition 
through  meere  poverty,  if  hee  bee  single,  hee 
shall  bee  put  to  service  by  some  magistrate,  and 
the  constable  shall  appoint  him  armes  and  am- 
munition, and  shall  appointe  him  where,  and 
with  whome  to  earne  it  out. 

And  it  is  ordered,  That  all  the  souldgers 


132  BLUE   LAWS   OF   CONNECTICUT. 

within  this  jurissdiction  shall  bee  trained,  at 
least,  six  times  yearely,  in  the  months  of 
March,  Aprill,  May,  September,  October,  or 
November,  by  the  appointment  of  the  captaine 
or  cheife  officer  in  the  severall  townes :  and  the 
times  of  theire  meeting  together  shall  bee  at 
eight  of  the  clock  in  the  morninge :  And  the 
clarke  of  each  band,  shall  twise  every  yeare,  at 
least,  view  the  armes  and  ammunition  of  the 
band,  to  see  if  they  bee  all  accordinge  to  la  we; 
and  shall  uppon  every  traininge  day,  give  his 
attendance  in  the  feild  every  day,  (except  hee 
hath  speciall  leave  from  his  captaine  or  cheife 
officer,)  to  call  over  the  rolle  of  the  souldgers, 
and  take  notice  of  any  defect  by  theire  absence 
or  otherwise ;  And  hee  shall  duely  present  to 
the  Governor,  or  some  of  the  magistrates,  all 
defects  in  armes  or  ammunition,  at  least  once 
in  each  yeare,  and  oftener,  if  it  bee  required. 
And  it  is  left  to  the  judgement  of  the  magis- 
trates to  punish  all  defects  in  that  kinde, 
according  to  the  nature  of  the  offence,  wherein 
due  regard  is  to  bee  had  of  willfull  neglects  in 
any,  that  such  may  not  pass  without  a  severe 
censure :  And  whosoever  shall  bee  absent  any 


BLUE   LAWS   OF   CONNECTICUT.          133 

of  the  days  appointed  for  traininge,  after  the 
houre  appointed,  or  shall  not  continue  the  whole 
time,  shall  forfeitt  the  summe  of  two  shillings 
six  pence,  for  every  default,  except  such  as  are 
licensed  under  the  hand  of  two  magistrates  ; 
The  clark  of  the  severall  bands  are  to  distreine 
the  delinquents  within  fourteene  days  after  the 
forfeiture,  whereof  six  pence  shall  bee  to  him- 
selfe,  and  the  remainder  for  the  maintenance  of 
drums,  cullers,  &c.  And  if  any  of  the  said 
clarks  shall  omitte  to  distreine  any  delinquents 
above  the  said  terme  of  fourteene  dayes,  hee 
shall  forfeitt  and  pay  to  the  use  of  the  publique, 
double  the  fyne  so  neglected  by  him. 

It  is  ordered,  That  the  souldgers  shall  onely 
make  choyce  of  theire  millitary  officers,  and 
present  them  to  the  perticular  courte ;  but  such 
onely  shall  bee  deemed  officers,  as  the  courte 
shall  confirme. 

The  state  and  condition  of  the  place  where 
we  live,  by  reason  of  the  indiaus  and  otherwise, 
requires  all  due  means  to  bee  used  for  the  pre- 
servation, the  safety  and  peace  of  the  same; 
this  courte  judgeth  it  necessary  that  there 
should  bee  a  magazine  of  powder  and  shott  pro- 
12 


Io4          BLUE  LAWS   OF   CONNECTICUT. 

vided  and  meinteined  in  the  country  in  each 
towne  within  this  jurisdiction,  And  do  there- 
fore order  and  decree,  that  there  shall  bee  two 
barrills  of  powder,  and  six  hundred  weight  of 
lead  provided  by  this  commonwealth,  before 
the  generall  courte  in  September  next,  which 
shall  be  meinteined  and  continued  and  ac- 
counted as  the  country  stock. 

And  it  is  allso  further  ordered,  that  the 
severall  townes  in  this  jurissdiciion  shall  pro- 
vide and  meinteine  as  followeth,  viz. 

Wyndsor,  one  barrill  and  halfe  of  powder, 
foure  hundred  and  fifty  pound  of  lead,  one 
hundred  fathom  of  match,  and  nine  cotton 
coates  or  corseletts,  and  serviceable  pikes  to 
either  of  them. 

Hartford,  two  barrills  of  powder,  six  hundred 
•weight  of  lead,  and  six  score  fathom  of  match, 
and  twenty  cotton  coates  or  corseletts,  with 
serviceable  pikes  to  either  of  them. 

Weathersfeild,  one  barrill  of  powder,  three 
hundred  weight  of  lead,  eighty  fathom  of  match, 
and  eight  cotton  coates  or  corseletts,  with  ser- 
viceable pikes  to  either  of  them. 

Seabrook,   halfe  a  barrill  of  powder,  one 


BLUE   LAWS   OF   CONNECTICUT.  135 

hundred  and  fifty  pound  of  lead,  forty  fathom 
of  match,  and  three  cotton  coates  or  corseletts, 
"with  serviceable  pikes  to  either  of  them. 

fiarmington,  the  same,  in  each  perticular  with 
Seabrook. 

ffairefeild  and  Strattford,  in  each  towne,  one 
barrill  of  powder,  three  hundred  weight  of  lead, 
one  hundred  fathom  of  match,  and  six  coates 
of  corseletts,  with  serviceable  pikes  to  either  of 
them. 

Southhampton  and  Pequett,  in  each  towne, 
halfe  barrill  of  powder,  one  hundred  and  fifty 
pounds  of  lead,  forty  fathom  of  match,  with 
three  cotton  coates  or  corseletts,  with  service- 
able pikes  to  either  of  them.  Each  towne  allso, 
shall  provide  so  many  firelocke  muskitts,  and 
good  backswords  or  cutlasses,  as  the  corseletts 
are  they  are  charged  with  by  this  order :  All 
which  shall  be  provided  by  the  severall  townes, 
by  the  courte  in  September  next,  ard  mein- 
teined  constantly  for  the  future,  uppon  the  pen- 
alty of  ten  shillings  per  month,  for  each  townes 
defect  or  neglect  herein. 

Allso,  it  is  further  ordered,  That  every  male 
person  within  this  jurissdiction,  that  is  above 


136          BLUE  LAWS   OF  CONNECTICUT. 

the  age  of  sixteene  yeares,  whether  magistrates, 
ministers,  or  any  other  (though  exempted  from 
training,  watching  and  warding)  shall  bee  al- 
ways provided  with,  and  have  in  readiness,  by 
them,  halfe  a  pound  of  powder,  two  pound  of 
serviceable  bullitts,  or  shott,  and  two  fathom 
of  match  to  every  matchlock,  uppon  the  penalty 
of  five  shillings  a  month,  for  each  persons  de- 
fault herein ;  provided  notwithstanding,  that  if 
the  proportions  of  powder  laid  uppon  each 
towne  and  person,  either  doth  not  at  present, 
or  shall  not,  by  reason  of  the  increase  of  theire 
numbers,  for  the  future,  amount  in  all  to  three 
pound  of  powder  for  every  souldger,  then  each 
towne  shall,  uppon  the  former  penalty,  provide 
so  much  more,  as  shall  bee  three  pound  of 
powder  for  a  souldger,  and  other  provision  of 
lead,  &c.  increase  in  each  towne,  according  to 
the  same  proportion. 

Whereas  many  inconveniences  doe  appeare  by 
reason  that  the  sever  all  souldger  s,  of  the  trained 
bands  in  each  towne  within  this  jurissdiction, 
have  not  been  allowed  some  powder  uppon 


BLUE   LAWS   OF   CONNECTICUT.  187 

theire  training  dayes,  for  theire  practice  and 
exercise  in  theire  severall  firings  : 
It  is  ordered  by  the  authority  of  this  courte, 
That  there  shall  bee  allowed  to  every  souldger 
in  the  severall  trained  bands  in  each  towne,  as 
aforesaid,  halfe  a  pound  of  power  a  piece,  for 
a  yeare,  and  so  from  yeare  to  yeare,  for  the  fu- 
ture, to  bee  provided  by,  and  at,  the  propper 
costs  and  charges  of  the  masters  and  gover- 
nors of  each  family  unto  which  the  said  sould- 
gers  doe  belong,  to  bee  called  forth,  improved 
and  disposed  of,  at  the  discretion  of  the  cap- 
taine,  or  other  principall  leaders  in  each  trained 
bands. 

It  is  allso  ordered,  that  the  captaines,  leiften- 
nants  and  ensignes,  shall  bee  freed  from  watch- 
ing and  warding,  and  the  Serjeants  from  ward- 
ing and  halfe  theire  watch. 

MINISTERS    MEINTENANCE. 

Whereas  the  most  considerable  persons  in 
the  land  came  into  these  partes  of  America, 
that  they  might  enjoye  Christe,  in  his  ordi- 
nances, without  disturbance;  and  whereas, 
amongst  many  other  pretious  meanes,  the  ordi- 
12* 


138          BLUE  LAWS^F   CONNECTICUT. 

nances  have  beene,  and  are  dispensed  amongst 
us,  with  much  purity  and  power,  they  tooke  it 
into  their  serious  consideration,  that  a  due 
meintenance  according  to  God,  might  bee  pro- 
vided and  settled,  both  for  the  present  and  fu- 
ture, for  the  incouragement  of  the  ministers 
worke  therein ;  and  doe  order,  that  those  who 
are  taught  in  the  word,  in  the  severall  planta- 
tions, bee  called  together,  that  every  man  vol- 
untarily sett  downe  what  hee  is  willing  to  allow 
to  that  end  and  use  ;  and  if  any  man  refuse  to 
pay  a  meete  proportion,  that  then  hee  bee  ra- 
ted by  authority,  in  some  just  and  equall  way  ; 
and  if  after  this,  any  man  withhold  or  delay 
due  payment,  the  civill  power  to  be  exercised 
as  in  other  just  debts. 

OATHS. 

I  A.  W.  now  chosen  to  be  Governor  within 
this  jurissdiction,  for  this  yeare  ensuing,  and 
until  a  new  bee  chosen,  doe  sweare  by  the 
great  and  dreadfull  name  of  the  everlasting  God, 
to  promoate  the  publique  good  and  peace  of 
the  same,  according  to  the  best  of  my  skill ;  as 
allso,  will  meinteine  the  lawfull  priviledges  of 


BLUE  LAWS   OF  CONNECTICUT.  139 

this  commonwealth;  as  allso,  that  all  whole- 
>  some  lawes,  that  are  or  shall  bee  made  by  law- 
full  authority,  here  established,  bee  duly  exe- 
cuted, and  will  further  the  execution  of  justice 
according  to  the  rule  of  Gods  word ;  so  helpe 
mee  God,  in  the  name  of  the  Lord  Jesus 
Christe. 

I  N.  W,  being  chosen  a  magistrate  within 
this  jurissdiction,  for  the  yeare  ensuing,  do 
sweare,  by  the  great  and  dreadfull  name  of  the 
everlasting  God,  topromoate  the  publiquegood 
and  peace  of  the  same,  according  to  the  best  of 
my  skill ;  and  allso,  that  I  will  meinteine  all 
the  lawfull  priviledges  thereof,  according  to  my 
understanding,  as  allso,  to  assiste  in  the  execu- 
tion of  all  such  wholesome  lawes  as  are  made, 
or  shall  be  made  by  lawfull  authority,  here  es- 
tablished, and  further  the  execution  of  justice 
for  the  time  aforesaid,  according  to  the  right- 
eous rule  of  Gods  worde  :  So  help  me  God. 

I  A.  B.  doe  sweare  by  the  great  and  dread- 
full  name  of  the  overliving  God,  that  for  the 
yeare  ensuing,  and  untill  a  new  bee  chosen,  I 
will  faithfully  execute  the  place  and  office  of  a 
constable,  for,  and  within,  the  plantation  of  W. 


140  BLUE   LAWS  OF   CONNECTICUT. 

and  the  limitts  thereof;  and  that  I  will  indea- 
vour  to  preserve  the  publique  peace  of  the 
saide  place  and  commonwealth,  and  will  doe 
my  best  indeavour  to  see  all  watches  and  wardes 
executed,  and  to  obey  and  execute  all  lawfull 
commands  or  warrants  that  come  from  any 
magistrate,  magistrates  or  courte ;  so  help© 
mee  God,  in  the  Lord  Jesus  Christe. 

I  A.  B.  being  by  the  providence  of  God,  an 
inhabitant  within  the  jurissdiction  of  Connecti- 
cutt,  being  to  bee  made  free,  doe  acknowledge 
myselfe  to  bee  subject  to  the  governement  there- 
of, and  doe  sweare  by  the  great  and  fearfull 
name  of  the  everliving  God,  to  bee  true  and 
faithfull  unto  the  same,  and  doe  submitt  both 
my  person  and  estate  thereunto,  according  to  all 
the  wholesome  lawes  and  orders  that  there  are 
or  hereafter  shall  bee  there  made  and  established 
by  lawfull  authority ;  and  that  I  will  neither 
plott  nor  practice  any  evill  against  the  same,  nor 
consent  to  any  that  shall  so  doe,  but  will  timely 
disscover  the  same  to  lawfull  authority  there  es- 
tablished ;  and  that  I  will,  as  in  duty  I  am 
bound,  meinteine  the  honor  of  the  same, 
and  of  the  lawful  magistrates  thereof,  pro- 


BLUE   LAWS   OF   CONNECTICUT.          141 

moating  the  publique  good  of  it,  whilst  I  shall 
so  continue  an  inhabitant  there ;  and  whenso- 
ever I  shall  give  my  voate  or  suffrage  touching 
any  matter  which  concerns  this  commonwealth, 
being  called  thereunto,  will  give  it  as  in  my 
conscience  I  shall  judge  may  conduce  to  the 
best  good  of  the  same,  without  respect  of  per- 
sons, or  favour  of  any  man :  So  helpe  me  God, 
in  our  Lord  Jesus  Christe. 

You  swear,  that  you,  A.  B.  shall  duely  try 
the  cause  or  causes  now  to  bee  given  you  in 
charge,  between  the  plaintiff  and  defendant,  or 
plaintiffs  and  defendants,  according  to  your 
evidence  given  in  courte,  and  accordingly,  a 
true  verdict  give;  your  owne  counsells  and 
your  fellowes,  you  shall  duely  keepe,  you  shall 
speake  nothing  to  any  one  of  the  buisiness  and 
matters  in  hand,  but  among  yourselves,  nor 
shall  you  suffer  any  to  speake  unto  you  about 
the  same,  but  in  courte,  and  when  you  are 
agreed  of  any  verdict,  you  shall  keepe  it 
secreet,  till  you  deliver  it  up  in  courte:  So 
helpe  you  God,  in  our  Lord  Jesus  Christe. 

You  doe  sweare  by  the  great  and  dreadfull 
name  of  the  everlasting  God,  that  for  this 
10 


142  BLUE   LAWS  OF   CONNECTICUT. 

yeare  ensuing,  and  untill  new  bee  chosen,  you 
shall  faithfully  execute  the  place  and  office  you 
are  chosen  unto,  according  to  the  extent  of 
your  commission:  So  helpe  you  God  in  the 
name  of  the  Lord  Jesus  Christe.  (Note — The 
preceding  form  of  oath  was  prescribed  for 
commissioners.) 

A.  B.  you  being  chosen  secretary  for  this 
jurissdiction,  during  this  yeare,  doe  sweare  by 
the  great  name  of  God,  that  you  shall  keepe 
the  secreets  of  the  courte,  and  shall  carefully 
execute  the  place  of  a  secretary,  and  shall  truly 
and  faithfully  record  all  orders  of  the  courte, 
and  shall  deliver  true  copies  and  certificates 
when  they  shall  bee  necessarily  required :  So 
helpe  you  God,  in  our  Lord  Jesus  Christe. 

You  doe  sweare  by  the  great  and  dreadfull 
name  of  God,  that  you  will  with  all  due  care 
and  faithfullnes,  make  presentment  according 
to  order,  at  the  quarter  courte  in  September 
next,  such  misdemeanors  and  transgressions  of 
the  lawes  and  orders  of  this  commonwealth,  as 
shall  come  to  your  cognisance,  as  allso,  to  doe 
your  indeavours  to  finde  out  such  things  as  are 
contrary  to  religion  and  peace :  So  helpe  you 


BLUE  LAWS  OP  CONNECTICUT.          143 

God,  in  our  Lord  Jesus  Christe.     (Note — This 
form  of  oath  was  prescribed  for  Grand-jurors.) 

PEAGE. 

It  is  ordered  by  this  courte  and  decreed, 
That  no  peage,  white  or  black,  bee  paid  or  re- 
ceived, but  what  is  strunge,  and  in  some  meas- 
ure, strunge  sutably,  and  not  small  aiid  great, 
uncomely  and  disorderly  mixt,  as  formerly  it 
hath  beene. 

POOEE; 

It  is  ordered  by  this  courte  and  authority 
thereof,  That  the  courte  of  magistrates  shall 
have  power  to  determine  all  differences  about 
lawfull  settling,  and  providing  for  pore  persons, 
and  shall  have  power  to  dispose  of  all  unsetled 
persons,  into  such  townes  as  they  shall  judge 
to  bee  most  fitt,  for  the  maintenance  and  im- 
ployment  of  such  persons  and  familyes,  for  the 
ease  of  the  countrye. 

POUND,    POUND-BKEACH. 

Ffor  prevention  and  due  recompence  of  dam- 


144          BLUE  LAWS   OF   CONNECTICUT. 

mage  in  cornefeilds  and  other  inclosures,  done 
by  swyne  and  cattle  : 

It  is  ordered  by  this  'Courte  and  Authority 
thereof,  that  there  shall  bee  one  sufficient 
pound,  or  more,  made  and  meinteined  in  every 
towne  and  village  within  this  jurissdiction,  for 
the  impounding  of  all  such  swyne  and  cattle 
as  shall  bee  found  in  any  cornefeild,  or  other 
inclosure ;  and  whosoever  impounds  any  swyne 
or  cattle,  shall  give  present  notice  to  the  own- 
ers, if  hee  bee  knowne,  or  otherwise,  they  shall 
be  cryed  at  the  two  next  lectures  or  markitts ; 
and  if  swyne  or  cattle  escape  out  of  the  pound, 
the  owner,  if  knowne,  shall  pay  all  dammages 
according  to  lawe. 

And  whereas  impounding  of  cattle,  in  case  of 
tresspasses,  hath  beene  alwayes  found  both 
needfull  and  profitable,  and  all  the  breaches 
about  the  same,  very  offensive  and  injurious : 

It  is  therefore  ordered  by  this  Courte  and 
authority  thereof,  That  if  any  person  shall  re- 
siste  or  rescue  any  cattle  going  to  the  pound, 
or  shall,  by  any  way  or  meanes,  convey  them 
out  of  pound,  or  custody  of  the  lawe,  whereby 


BLUE   LAWS   OF   CONNECTICUT.  145 

the  party  wronged,  may  lose  his  dammage, 
and  the  la  we  bee  deluded,  that  in  case  of  meere 
rrescues,  the  party  offending,  shall  forfeitt  to 
the  treasure,  forty  shillings ;  and  in  case  of 
pound  breach,  five  pounds,  and  shall  allso,  pay 
all  dammages  to  the  party  wronged ;  and  if  in 
the  rescue,  any  bodily  harmes  bee  done  to  the 
person  of  any  man,  or  other,  they  shall  have 
remedye  against  the  rescuers ;  and  if  either  bee 
done  by  any  not  of  abilitye  to  answer  the  dam- 
mage  and  forfeitt  aforesaid,  they  shall  bee 
bodily  whipped  by  warrant  from  any  magis- 
trate before  whome  the  offender  is  convicted,  in 
the  towne  or  plantation  where  the  offence  was 
committed,  not  exceeding  twenty  stripes  for 
the  meere  rescues  or  pound  breach,  and  for  all 
dammages  to  the  party,  they  shall  satisfie  by 

>  service,  as  in  case  of  theft;  and  if  it  appear, 
there  were  any  procurement  of  the  owner  of 
the  cattle,  thereunto,  and  that  they  were  abet- 
tors, they  shall  all  pay  forfeitures  and  dam- 

j       mages,  as  if  themselves  had  done  it. 

PROFANE    SWEARING. 

It  is  ordered  and  by  this  Courte  decreed,  That 
18 


146          BLUE  LAWS  OF  CONNECTICUT. 

if  any  person  within  this  jurissdiction  shall 
sweare  rashly  and  vainely,  either  by  the  holy 
name  of  God,  or  any  other  oath,  and  shall  sin- 
fully and  wickedly  curse  any,  hee  shall  forfeitt 
to  the  common  treasure,  for  every  such  severe 
offence,  ten  shillings :  And  it  shall  bee  in  the 
power  of  any  magistrate,  by  warrant  to  the 
constable,  to  call  such  persons  before  him,  and 
uppon  just  proofe  to  pass  a  sentence,  and  levye 
the  said  penalty,  according  to  the  usual  order 
of  justice ;  and  if  such  persons  bee  not  able, 
or  shall  utterly  refuse  to  pay  the  aforesaid 
fyne,  hee  shall  bee  committed  to  the  stocks, 
there  to  continue,  not  exceeding  three  hours, 
and  not  less  than  one  houre.* 

BATES. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  every  inhabitant  shall  henceforth 

*  In  this  article  the  Puritans  exhibited  a  degree  of  len- 
ity unusual  in  that  age.  The  English  statutes  inflicted  a 
severer  penalty  for  this  offense  ;  and  by  the  Statute  III. 
James  I.  c.  21,  any  irreverent  allusion  to  the  Deity  or 
to  the  Trinity  in  a  play-house,  was  punished  by  the 
enormous  fine  of  ten  pounds. 


1 


BLUE   LAWS   OF.  CONNECTICUT.          147 

contribute  to  all  charges,  both  in  church  and 
commonwealth,  whereof,  hee  doth  or  may  re- 
ceive benefitt ;  and  every  such  inhabitant  who 
shall  not  voluntarily  contribute  proportionably 
to  his  ability  with  the  rest  of  the  same 
towne,  to  all  common  charges,  both  civill  and 
ecleseasticall,  shall  be  compelled  thereunto  by 
assessments  and  distress,  to  be  levyed  by  the 
constable  or  other  officer  of  the  towne,  as  in 
other  cases  ;  and  that  the  lands  and  estates  of 
all  men,  whereever  they  dwell,  shall  be  rated 
for  all  towne  charges,  both  civill  and  eclesiasti- 
call,  as  aforesaid,  where  the  lands  and  estates 
shall  lye,  and  theire  persons  where  they  dwell. 

Ffor  a  more  equall  and  ready  way  of  raising 
'meanes  of  defraying  of  publique  charges  in  time 
to  come,  and  for  preventing  such  inconveniences 
as  have  fallen  out  uppon  former  assessments  ; 

It  is  ordered  and  enacted  by  the  authority 
of  this  Courte,  that  the  treasurer  for  the  time 
being,  shall  from  yeare  to  yeare,  in  the  first 
month,  without  expecting  any  other  order, 
send  forth  his  warrant  to  the  constables  of  every 
towne  within  this  jurissdiction,  requiring  the 

____~rr  TJETE  LIBRARY 


148  BLUE  LAWS   OF  CONNECTICUT. 

constable  to  call  together  the  inhabitants  of  the 
towne,  whoe  being  so  assembled,  shall  chuse 
three  or  four  of  theire  able  inhabitants  whereof, 
one  to  bee  a  commissioner  for  the  towne,  who 
shall  some  time  or  times  in  the  sixth  month 
then  next  ensuing,  make  a  list  of  all  the  male 
persons  in  the  same  towne,  from  sixteene  yeares 
old  and  upwards,  and  a  true  estimation  of  all 
personall  and  reall  estates  being,  or  reputed  to 
bee,  the  estate  of  all  and  every  the  persons  in 
the  same  towne,  or  otherwise  under  theire 
custody  or  managing,  according  to  just  valua- 
tion, and  to  what  persons  the  same  belong, 
whether  in  theire  owne  towne  or  otherwhere, 
as  neare  as  they  can,  by  all  lawfull  wayes  and 
meanes,  which  they  may  use,  viz.  of  howses, 
lands  of  all  sortes,  as  well  unbroken  up  as 
other,  except  such  as  doth  or  shall  lye  common 
for  free  food  of  cattle  to  the  use  of  the  inhabi- 
tants in  generall,  whether  belonging  to  townes 
or  perticular  persons,  but  not  to  be  kept  or 
hearded  uppon  it  to  the  dammage  of  the  pro- 
prietors, mills,  shipps,  and  all  small  vessells, 
merchantable  goods,  cranes,  wharfes,  and  all 
sortes  of  cattle,  and  all  other  knowne  estate 


BLUE   LAWS  OF   CONNECTICUT.  149 

whatsoever;  as  allso,  all  visible  estate,  either 
at  sea  or  on  shoare  ;  all  which  persons  and  es- 
tates, are  by  the  said  commissioners  and  select 
men,  to  bee  assessed  and  rated,  as  here  follow- 
eth,  viz.  every  person  aforesaid,  except  magis- 
trates and  elders  of  the  churches,  two  shillings 
sixpence  by  the  head,  and  all  estates  both  reall 
and  persoiiall,  at  one  penny  for  every  twenty 
shillings,  according  to  the  rates  of  cattle  hereaf- 
ter mentioned ;  and  for  a  more  certaine  rule  in 
rating  of  cattle,  every  cowe  of  foure  yeare  old 
and  upward,  shall  be  valued  at  five  pounds, 
every  heifer  and  steare  between  three  and  foure 
yeare  old,  foure  pounds,  and  between  two  and 
three  yeare  old  fifty  shillings;  and  between 
one  and  two  yeare  old,  thirty  shillings ;  every 
oxe  and  bull  of  foure  yeare  old  and  upwards, 
six  pounds;  every  horse  and  mare  of  foure 
yeare  old  and  upwards,  twelve  pound,  of  three 
yeare  old  eight  pounds,  betweene  two  and  three 
yeares  old,  five  pounds,  of  one  yeare  old,  three 
pounds  ;  every  sheepe  of  one  yeare  old  thirty 
shillings;  every  goate  above  one  yeare  old 
eight  shillings ;  every  swyne  above  one  yeare 
old,  twenty  shillings;  and  all  cattle  of  all  sortes 


150  BLUE   LAWS   OF   CONNECTICUT. 

under  a  yeare  old,  are  hereby  exempted ;  as 
allso  all  hay  and  corne  in  the  husbandmans 
hand,  because  all  meadow,  earable  ground,  and 
cattle  are  rateable  as  aforesaid.  And  for  all 
such  persons  as  by  the  advantage  of  theire  artes 
and  trades  are  more  able  to  helpe  beare  the 
publique  charge,  then  common  labourers,  and 
workmen,  as  butchers,  bakers,  bruers,  victuail- 
ers,  smiths,  carpenters  taylors,  shoemakers,  join- 
ers, barbers,  millers  and  masons,  with  all  other 
manuall  persons  and  artists,  such  are  to  be  ra- 
ted for  theire  returnes  and  gaines  proportiona- 
bly  unto  other  men  for  the  produce  of  theire 
estates  ;  provided,  that  in  the  rate  by  the  polls, 
such  persons  as  are  disabled  by  sickness,  lame- 
ness, or  other  infirmities,  shall  be  exempted ; 
and  for  such  servants  and  children  as  take 
not  wages,  theire  parents  and  masters  and  mas- 
ters shall  pay  for  them,  but  such  as  take  wages 
shall  pay  for  themselves. 

And  it  is  further  ordered,  That  the  commis- 
sioners for  the  severall  townes  uppon  this  river, 
shall  yearely  meet  uppon  the  third  Thursday 
in  the  sixth  month  at  Hartford ;  and  the  com- 
missioners for  the  townes  of  Ffairfeild  and 


BLUE  LAWS   OF   CONNECTICUT. 

Strattford,  shall  meett  the  same  day  in  one  of 
those  townes,  and  bring  with  them,  fairly  writ- 
ten, the  just  number  of  males  listed  as  afore- 
said, the  assessment  of  estates  made  in  theire 
severall  townes,  according  to  the  rules  and  di- 
rections in  this  present  order  expressed.  And 
the  said  commissioners  being  so  assembled, 
shall  duely  and  carefully  examine  all  the  said 
lists  and  assessments  of  the  severall  townes, 
and  shall  correct  and  perfect  the  same,  accord- 
ing to  the  true  intent  of  this  order,  and  the 
same  so  perfected,  they  shall  transmitt  under 
theire  hands,  to  the  generall  courte,  the  second 
Thursday  in  September,  and  then  directions 
shall  bee  given  to  the  Treasurer  for  gathering 
of  the  said  rate,  and  every  one  shall  pay  theire 
rate  to  the  constable  of  the  towne  where  it  shall 
bee  assessed ;  nor  shall  any  land  or  estate  bee 
rated  in  any  other  towne,  but  where  the  same 
shall  lye,  is  or  was  improved  to  the  owners, 
reputed  owners,  or  other  proprietors  use  or 
behoofe,  if  it  bee  within  this  jurissdiction. 
And  for  all  peculiars,  viz.  Such  places  as  are 
not  yet  laid  within  the  bounds  of  any  towne, 
the  same  land,  with  the  persons  and  estates 

J 


152  BLUE  LAWS   OF   CONNECTICUT. 

thereuppon,  shall  be  assessed,  by  the  rates  of 
the  towne  next  unto  it,  and  the  measure  or  es- 
timation, shall  be  by  the  distance  of  the  meet- 
ing howses ;  and  if  any  of  the  said  commission- 
ers, or  of  the  selectmen,  shall  willingly  faile  or 
neglect  to  performe  the  trust  committed  to  them 
by  this  order,  in  not  making,  correcting,  per- 
fecting or  transmitting  any  of  the  said  lists  or 
assessments,  according  to  the  intent  of  this  or- 
der, every  such  offender  shall  bee  fyned  forty 
shillings  for  every  such  offence,  or  so  much  as 
the  country  shall  bee  damnified  thereby,  so  as 
it  exceeds  not  forty  shillings  for  one  offence ; 
provided,  that  such  offence  or  offences  bee  com- 
plained of  and  prosecuted  in  due  course  of  law, 
within  six  months. 

And  it  is  further  ordered,  That  uppon  all 
distresses  to  bee  taken  for  any  of  the  rates  and 
assessments  aforesaid,  the  officer  shall  distreine 
goods  or  cattle,  if  they  may  bee  had ;  and  if 
no  goods,  then  lands  or  howses,  and  if  neither 
goods  nor  lands  can  bee  had  within  the  towne 
where  such  distresses  are  to  bee  taken,  then 
uppon  such  returnes  to  the  treasurer,  he  shall 
give  warrants  to  attache  the  body  of  such  per- 


BLUE  LAWS  OF   CONNECTICUT.          153 

sons  to  bee  carried  to  prison,  there  to  bee  kept  till 
the  next  courte,  except  they  put  in  security  for 
theire  appearance  there,  or  that  payment  bee 
made  in  the  meane  time. 

And  it  is  further  ordered  that  the  prises  of 
all  sortes  of  come  to  bee  received  uppon  any 
rate  by  virtue  of  this  order,  shall  bee  such  as 
the  courte  shall  sett  from  yeare  to  yeare,  and 
in  default  thereof  they  shall  be  accepted  at  the 
price  current,  to  bee  judged  by  the  said  com- 
missioners. 

And  it  is  further  ordered,  That  all  estates  of 
land  in  England,  shall  not  be  rated  in  publique 


It  is  allso  provided  and  ordered,  That  all 
towne  rates  shall  bee  made  after  the  same  man- 
ner, and  by  the  same  rule,  as  the  country  rate. 

Whereas  much  wrong  hath  beene  done  to  the 
country,  by  the  negligence  of  constables  in  not 
gathering  such  levyes  as  they  have  received 
warrants  from  the  Treasurer,  during  theire 

office : 

It  is  therefore  ordered,  That  if  any  constable 
shall  not  have  gathered  the  levyes  committed 


154  BLUE   LAWS   OF   CONNECTICUT. 

to  his  charge  by  the  Treasurer  then  being, 
during  the  time  of  his  office,  that  he  shall  not- 
withstanding expiration  of  his  office,  have 
power  to  levye  by  distress,  all  such  rates  and 
levyes ;  and  if  he  bring  them  not  in  to  the  old 
treasurer,  according  to  his  warrants,  the  Treas- 
urer shall  distreine  such  constables  goods  for 
the  same;  and  if  the  Treasurer  shall  not  so 
distreine  the  constable,  hee  shall  bee  answera- 
ble to  the  country  for  the  same;  and  if  the 
constable  bee  not  able  to  make  payment,  it 
shall  bee  lawfull  for  the  Treasurer,  old  or  new 
respectively,  to  distreine  any  man  or  men  of 
that  towne  where  the  constables  are  unable  for 
all  arrearages  of  levyes,  and  that  man  or  men, 
uppon  petition  to  the  Generall  courte,  shall 
have  order  to  collect  the  same  againe,  equally 
of  the  towne,  with  his  just  dammages  for  the 
same. 

It  is  further  ordered  by  this  Courte,  That  all 
collectors  and  gatherers  of  rates,  shall  appoint 
a  day  and  place,  and  give  reasonable  warning 
to  the  inhabitants  to  bring  in  theire  propor- 
tions, uppon  which,  every  man  so  warned, 
shall  duely  attend  to  bring  in  his  rate,  or 


BLUE   LAWS  OF   CONNECTICUT.          155 

uppon  neglect  thereof,  shall  forfeitt  two  pence 
in  the  shilling  for  what  hee  falls  shorte,  and 
the  said  collector  shall  have  authority  hereby 
to  distreine  the  delinquents,  or  bee  accountable 
themselves  for  the  rates  and  penalties  so  neg- 
lected by  them. 

KECOKDS. 

It  is  ordered  by  this  courte,  and  authority 
thereof,  That  the  towne  clark  or  register  in  the 
severall  townes  of  this  jurissdiction  shall  re- 
cord, all  births  and  deaths  of  persons  in  theire 
towne,  and  that  all  parents,  masters  of  servants, 
executors  and  administrators  respectively,  shall 
bring  into  the  register  of  theire  severall  townes, 
the  names  of  such  persons  belonging  to  them 
or  any  of  them,  as  shall  either  bee  borne  or  dye ; 
and  allso,  that  every  new  married  man  shall 
likewise  bring  in  a  certificate  of  his  marriage, 
under  the  hand  of  the  magistrate  which  mar- 
ried him,  to  the  said  register,  and  for  each 
neglect,  the  person  to  whome  it  doth  belong, 
shall  forfeitt  as  followeth,  viz.  If  any  person 
shall  neglect  to  bring  in  a  noate  or  certificate 
as  aforesaid,  together  with  three  pence  a  name, 


156  BLUE   LAWS  OF   CONNECTICUT. 

to  the  said  register,  for  all  births  and  deaths, 
and  six  pence  for  each  marriage  to  bee  recorded, 
more  then  one  month  after  such  birth,  death  or 
marriage,  shall  forfeitt  for  every  default,  five 
shillings,  and  the  penalty  further  increased, 
uppon  longer  neglect,  according  to  the  judge- 
ment of  the  courte ;  and  the  register  of  each 
towne  shall  yearely,  convey  to  the  Secretary 
of  courte,  a  true  transcript  of  the  births,  deaths 
and  marriages  given  under  theire  hands,  with 
a  third  parte  of  the  aforementioned  fees,  under 
the  penalty  of  forty  shillings  for  every  such 
neglect,  all  which  forfeitures  shall  bee  returned 
into  the  Treasury;  allso,  the  grand-jurors  may 
present  all  neglects  of  this  order. 

It  is  orderded  by  the  authority  aforesaid, 
That  the  severall  townes  within  this  jurissdic- 
tion,  shall  each  of  them  provide  a  ledger 
booke,  with  an  index  or  alphabett  unto  the 
same,  allso  shall  chuse  one  whoe  shall  bee  a 
towne  clerke  or  register,  whoe  shall  before  the 
Generall  courte  in  September  next,  record  every 
man's  howse  and  lands  already  graunted  and 
measured  out  to  him,  with  the  bounds  and 
quantity  of  the  same;  and  whosoever  shall 


BLUE   LAWS   OF   CONNECTICUT.  157  I 

neglect  three  months  after  notice  given,  to 
bring  into  the  said  towne  clerke  or  register,  a 
noate  of  his  howse  and  land,  with  the  bounds  and 
quantity  of  the  same,  by  the  nearest  estimation, 
\  shall  forfeitt  ten  shillings ;  and  so  ten  shillings 
a  month,  for  every  month  hee  shall  so  neglect ; 
the  like  to  bee  done  for  all  lands  hereafter 
graunted  and  measured  to  any;  and  if  any 
such  granter,  being  required  by  the  grantee, 
his  heirs  or  assigns,  to  make  an  acknowledg- 
ment of  any  graunt,  sale,  bargaine  or  morgage 
by  him  made,  shall  refuse  so  to  do,  it  shall  bee 
in  the  power  of  any  magistrate,  to  send  for  the 
partye  so  refusing,  and  commit  him  to  prison 
without  bayle  or  maineprise,  untill  he  shall  ac- 
knowledge the  same :  And  the  grantee  is  to 
enter  his  caution  with  the  recorder,  and  this 
shall  save  his  interest  in  the  meane  time ;  and 
all  bargaines  or  morgages  of  lands  whatsoever, 
shall  bee  accounted  of  no  value  untill  they  bee 
recorded :  for  which  entry  the  register  shall  re- 
ceive six  pence  for  every  parcell,  delivering 
every  owner  a  copy  of  the  same  under  his 
hand ;  whereof,  foure  pence  shall  bee  for  him- 
selfe,  and  two  pence  for  the  secretary  of  the 
14 


158  BLUE   LAWS   OF   CONNECTICUT. 

courte.  And  the  said  register  shall,  every 
Generall  courte,  in  May  and  September,  deliver 
unto  the  same,  a  transcript,  fairely  written,  of 
all  such  graunts,  bargaines  or  ingagements,  re- 
corded by  him  in  the  towne  booke ;  and  the 
secretary  of  the  courte,  shall  record  it  in  a 
booke  fairely  written,  provided  for  that  purpose, 
and  shall  preserve  the  coppy  brought  in  under 
the  hand  of  the  towne  clarke ;  Allso,  the  said 
towne  clarke  shall  have  for  every  search  of  a 
parcell,  one  penny,  and  for  every  copy  of  a 
parcell,  two  pence,  and  a  copy  of  the  same 
under  the  hand  of  the  said  register,  or  towne 
elarke,  and  two  of  the  men  chosen  to  governe 
the  towne,  shall  bee  a  sufficient  evidence  to  all 
that  have  the  same. 

Ffor  the  better  keeping  in  minde  those  pas- 
sages of  God's  providence,  which  have  beene 
remarkable,  since  our  first  undertaking  of  these 
plantations;  Mr.  Deputy,  Capt.  Mason,  Mr. 
Stone  with  Mr.  Goodwyn,  are  desired  to  take 
the  paines  severally,  in  theire  severall  townes, 
and  then  jointly  together,  to  gather  up  the 
same,  and  deliver  them  into  the  Generall 
courte  in  September  next,  and  if  it  bee  judged 


BLUE  LAWS  OF   CONNECTICUT.          159 

then  fitt,  they  may  bee  recorded :  and  for  future 
times,  whatsoever  remarkable  passages  shall 
bee,  and  if  they  bee  publique,  the  said  parties 
are  desired  to  deliver  in  the  same  to  the  Gene- 
rail  courte ;  but  if  any  perticular  person  doe 
bring  in  any  thinge,  hee  shall  bring  it  under 
the  hands  of  two  of  the  aforementioned  parties, 
that  it  is  true,  then  present  it  to  the  Generall 
courte,  that  if  it  bee  there  judged  requisitt,  it 
may  bee  recorded  ;  provided  that  any  Generall 
courte,  for  the  future,  may  alter  any  of  the 
parties  before  mentioned,  or  add  to  them,  as 
they  shall  judge  meett. 

It  is  allso  ordered  by  this  courte,  and  decreed, 
That  after  the  death  and  decease  of  any  person 
possessed  of  any  estate,  bee  it  more  or  less,  and 
whoe  maketh  a  will  in  writing,  or  by  word  of 
mouth,  those  men  which  are  appointed  to  order 
the  affaires  of  the  towne,  where  any  such 
person  deceaseth,  shall  within  one  month  after 
the  same,  at  furthest,  cause  a  true  inventory  to 
bee  taken  of  the  said  estate,  in  writing,  as  allso, 
take  a  copy  of  the  said  will  or  testament,  and 
enter  it  into  a  booke,  or  keepe  the  coppy  in 
safe  custody ;  as  allso.  enter  the  names  uppon 


160  BLUE   LAWS  OF    CONNECTICUT. 

record,  of  the  children,  and  legatees  of  the 
testator  or  deceased  person :  And  the  said 
orderers  of  the  affaires  of  the  towne,  are  to  see 
every  such  will  and  inventory,  to  bee  exhibited 
in  the  publique  courte,  within  one  quarter  of  a 
yeare,  where  the  same  is  to  be  registered :  And 
the  said  orderers  of  the  affaires  of  the  towne, 
shall  doe  theire  iudeavors  in  seeing  that  the 
estate  of  the  testator  bee  not  wasted  nor  spoiled, 
but  improved  for  the  best  advantage  of  the 
children  or  legatees  of  the  testator,  according 
to  the  minde  of  the  testator,  for  theire,  and 
every  of  theire  use,  and  theire  and  every  of 
theire  allowance  and  approbation ;  But  where 
any  person  dyeth  intestate,  the  said  orderers  of 
the  affaires  of  the  towne,  shall  cause  an  inven- 
tory to  bee  taken,  and  then  the  publique  courte 
may  graunt  the  administration  of  the  goods 
and  chatties  to  the  next  of  kinn,  jointly  and 
severally,  and  devide  the  estate  to  wife,  (if  any 
bee)  children  or  kindred,  as  in  equity  they 
shall  see  meett.  And  if  no  kindred  bee  found, 
the  courte  to  administer  for  the  publique  good 
of  the  common ;  provided  there  bee  an  inven- 
tory registered,  that  if  any  of  the  kindred,  in 


BLUE  LAWS  OF  CONNECTICUT.         161 

future  time  appeare,  they  may  have  justice  and 
equity  done  unto  them.  And  all  charges  that 
the  publique  courte,  or  the  orderers  of  the  af- 
faires of  the  towne  are  at,  about  the  trust  com- 
mitted to  them,  either  for  writing  or  otherwise, 
to  bee  paid  out  of  the  estate. 

Whereas  allso  it  was  recomended  by  the 
commissioners,  that  for  the  more  free  and 
speedy  passage  of  justice  in  each  jurissdiction, 
to  all  the  confederates,  if  the  last  will  and  testa- 
ment of  any  person,  bee  duely  prooved  in,  and 
duely  certified  from  any  one  of  the  colonyes,  it 
bee  without  delay,  accepted  and  allowed  in  the 
rest  of  the  colonyes,  unless  some  just  exception 
bee  made  against  such  will,  or  the  prooving  of  it; 
which  exception  to  bee  duely  forthwith  duely 
certified  back  to  the  colony  where  the  said  will 
was  prooved,  that  some  just  course  may  bee 
taken  to  gather  in  and  dispose  the  estate  with- 
out delay  or  dammage ;  And  allso,  that  if  any 
knowne  planters  or  settled  inhabitants,  dye  in- 
testate, administration  bee  graunted  by  that 
colony  unto  which  the  deceased  belong,  though 
dying  in  another  colony :  And  the  administra- 
tion being  duely  certified  to,  bee  of  force  for 


abia- 


162  BLUE  LAWS   OF   CONNECTICUT. 

the  gathering  in  of  the  estate,  in  the  rest  of  the 
colonyes,  as  in  the  case  of  wills  prooved,  where 
no  just  exception  is  returned :  But  if  any  person 
possessed  of  an  estate,  whoe  is  neither  planter, 
nor  settled  inhabitant  in  any  of  the  colonyes, 
dye  intestate,  the  administration  (if  just  cause 
bee  found  to  give  administration)  bee  graunted 
by  that  colony  where  the  person  shall  dye  and 
departe  this  life,  and  that  care  bee  taken  by 
that  governement,  to  gather  in  and  secure  the 
estate,  untill  it  bee  demaunded,  and  may  bee 
delivered  according  to  rules  of  justice ;  which 
uppon  due  consideration,  was  confirmed  by  this 
courte,  in  the  behalfe  of  this  colonye,  and 
ordered  to  bee  attended  in  all  such  occassions, 
for  the  future ;  provided,  the  Generall  courtes 
of  the  other  colonyes,  yeild  the  like  assent 
thereunto. 

SCHOOLES. 

It  being  one  cheife  project  of  that  old  deluder, 
Sathan,  to  Jceepe  men  from  the  knowledge  of  the 
scriptures,  as  in  former  times,  "keeping  them  in 
an  unknowne  tongue,  so  in  these  latter  times,  by 
perswading  them  from  the  use  of  tongues,  so 


BLUE   LAWS  OP   CONNECTICUT.          163 

that  at  least,  the  true  sence  and  meaning  of  the 
originall  might  bee  clouded  with  false  glosses  of 
saint  seeming  deceivers ;  and  that  learning  may 
not  bee  buried  in  the  grave  of  our  forefattiers,  in 
church  and  commonwealth,  the  Lord  assisting 
our  indeavors  ; 

It  is  therefore  ordered  by  this  courte  and  au- 
thority thereof,  That  every  towneshipp  within 
this  jurissdiction,  after  the  Lord  hath  increased 
them  to  the  number  of  fifty  howshoulders, 
shall  then  forthwith  appointe  one  within  theire 
towne,  to  teach  all  such  children,  as  shall  re* 
sorte  to  him,  to  write  and  read,  whose  wages 
shall  bee  paid,  either  by  the  parents  or  masters 
of  such  children,  or  by  the  inhabitants  in 
generall,  by  way  of  supplye,  as  the  major  parte 
of  those  who  order  the  prudentialls  of  the 
towne,  shall  appointe ;  provided,  that  those  who 
send  theire  children,  bee  not  oppressed  by  pay- 
ing much  more  then  they  can  have  them  taught 
for,  in  other  townes. 

And  it  is  further  ordered,  That  where  any 
towne  shall  increase  to  the  number  of  one  hun- 
dred families  or  howshoulders,  they  shall  sett 


164  BLUE   LAWS   OF   CONNECTICUT. 

up  a  grammar  schoole,  the  masters  thereof, 
being  able  to  instruct  youths,  so  farr  as  they 
may  bee  fitted  for  the  university,  and  if  any 
towne  neglect  the  performance  hereof,  above 
one  yeare,  then  every  such  towne  shall  pay  five 
pounds  per  annum,  to  the  next  such  schoole, 
till  they  shall  performe  this  order. 

The  propositions  concerning  the  meintenance 
of  schollars  at  Cambridge,  made  by  the  com- 
missioners, is  confirmed. 

And  it  is  ordered,  That  two  men  shall  bee* 
appointed  in  every  towne  within  this  jurissdic- 
tion,  whoe  shall  demand  what  every  familye 
will  give,  and  the  same  to  be  gathered  and 
brought  into  some  roome,  in  March ;  and  this 
to  continue  yearely,  as  it  shall  bee  considered 
by  the  comissioners. 

SECRETARY. 

It  is  ordered  and  decreed,  That  within  twenty 
dayes  after  the  session  of  every  Generall  courte, 
the  secretary  thereof,  shall  send  forth  copies  of 
such  lawes  and  orders  as  are  or  shall  bee  made, 
at  either  of  them,  which  are  of  generall  con- 
cernement  for  the  governement  of  this  com- 


BLUE   LAWS  OF   CONNECTICUT.  165 

monwealth  to  the  constables  of  each  towne 
within  this  jurissdiction,  for  them  to  publish 
within  Fourteene  dayes  more,  at  some  publique 
meeting  in  theire  severall  townes,  and  cause  to 
bee  written  into  a  booke  and  kept  for  the  use 
of  the  towne,  and  once  every  yeare,  the  con- 
stables in  each  towne,  shall  read  or  cause  to  bee 
read,  in  some  publique  meeting,  all  the  capitall 
lawes,  and  give  notice  to  all  the  inhabitants, 
where  they  may,  at  any  time,  see  the  rest  of  the 
lawes  and  orders,  and  acquaint  themselves 
therewith :  And  the  secretary  of  the  courte,  shall 
have  twelve  pence,  for  the  copy  of  the  orders  of 
each  session  as  aforesaid,  from  each  of  the  townes. 
And  it  is  further  ordered,  That  the  secretary 
of  the  courte,  shall  record  such  wills  and  in- 
ventories as  are  exhibited  into  the  said  courte, 
and  shall  fyle  the  originall  of  them,  and  give 
a  coppy  thereof,  to  such  as  desire  it,  for  which 
hee  shall  have  for  every  record  of  any  will  or 
inventory,  or  both,  which  is  above  the  summ 
of  forty  pounds,  three  shillings  foure  pence,  and 
for  every  coppy  of  them,  or  either  of  them,  one 
shilling  eight  pence ;  and  for  every  search  or 
supervising  of  them,  six  pence ;  allso,  for  re- 


166          BLUE  LAWS  OP  CONNECTICUT. 

cording  of  every  will  or  inventory,  or  both, 
which  is  above  the  summ  of  thirty  pounds,  and 
under  the  summ  of  forty  pounds,  two  shillings 
six  pence;  and  for  every  coppy  of  them,  or 
either  of  them,  fifteene  pence,  and  for  every 
search  or  supervising  of  them,  foure  pence; 
allso  for  every  attachement,  twelve  pence,  and 
for  every  bond  or  recogniscance  in  or  about  the 
same,  six  pence;  allso,  for  every  execution 
above  five  pounds,  the  secretary  shall  have 
twelve  pence,  and  for  every  execution  under 
five  pounds,  six  pence ;  allso,  for  the  entry  of 
every  or  any  recogniscance  in  courte,  six  pence, 
and  for  the  withdrawing  of  it,  twelve  pence, 
which  shall  bee  paid  before  the  bounden  bee 
freed  from  his  said  recogniscance. 

It  is  allso  ordered,  That  whosoever  shall 
take  out  any  warrant  from  the  secretary  of  the 
courte,  that  concerns  an  action,  shall  before 
he  hath  a  warrant,  enter  his  action  with  the 
secretary,  and  then  take  out  his  warrant  for 
summons  to  answer  the  same,  for  which  they 
shall  pay  for  every  entry,  twelve  pence, 
and  for  every  warrant,  foure  pence,  though 
they  agree  with  theire  defendants  before  the 


BLUE  LAWS  OP  CONNECTICUT.         167 

courte :  Allso,  if  any  other  magistrate  shall  graunt 
a  warrant,  which  concerns  an  action,  they  shall 
enter  the  action  in  a  small  booke  for  that  purpose, 
before  they  graunt  the  warrant,  and  shall  make  a 
due  returne,  at  every  courte,  to  the  secretary 
thereof,  what  such  warrants,  and  to  whome  they 
have  graunted,  and  all  such  persons  shall  be  as 
lyable  to  pay  twelve  pence  for  every  such  action, 
to  the  secretary  of  the  courte,  as  if  they  should 
have  had  theire  warrants  of  him. 

STKAYES. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  whosoever  shall  take  up  any 
straye  beast,  or  find  any  goods  lost,  whereof 
the  owner  is  not  knowne,  he  shall  give  notice 
thereof  to  the  constable  of  the  same  towne,  with- 
in six  days,  who  shall  enter  the  same  in  a  booke, 
and  take  order  that  it  bee  cryed  at  theire  next 
lecture  day,  or  general  meeting  uppon  three  seve- 
rall  dayes,  and  if  it  bee  above  twenty  shillings 
value,  at  the  next  markitt,  or  two  next  townes 
publique  meetinge,  where  no  markitt  is  within 
ten  miles,  uppon  paine,  that  the  partye  so  finding, 
and  the  said  constable  having  such  notice,  and 


168  BLUE  LAWS   OF   CONNECTICUT. 

failing  to  doe  as  is  heereby  appointed,  to  for- 
feitt  either  of  them,  for  such  default,  one  thirds 
parte  of  the  value  of  such  straye,  or  lost  goods. 
And  if  the  finder  shall  not  give  notice  as 
aforesaid,  within  one  month,  or  if  hee  keepe  it 
more  then  three  months,  and  shall  not  aprize  it 
by  sufficient  men,  and  allso  record  it  with  the 
register  of  the  towne  where  it  is  found,  he  shall 
then  forfeitt  the  full  value  thereof,  and  if  the 
owner  appears  within  one  yeare  after  such 
publication,  hee  shall  have  restitution  of  the 
same,  or  the  value  thereof,  hee  paying  all  ne- 
cessary charges,  and  the  constable  for  his  care 
and  paines,  as  one  of  the  next  magistrates,  or 
one  of  the  townsmen  shall  adjudge ;  and  if  no 
owner  appeare  within  the  time  prefixed,  the 
said  straye  or  lost  goods  shall  be  thus  devided, 
one  fourth  parte  thereof  with  his  reasonable 
charge,  shall  bee  to  the  finder ;  one  fifth  parte 
thereof,  or  ten  shillings,  to  the  constable,  at  the 
choyce  of  the  courte,  and  the  rest  to  the  com- 
monwealth ;  provided  there  bee  three  streakes 
dipt  in  the  haire  of  the  neare  buttock,  six 
inches  long,  that  they  may  bee  knowne. 


BLUE  LAWS  OF   CONNECTICUT.  169 

SWYNE. 

It  is  ordered  by  this  courte,  That  all  the 
swyne,  either  hoggs  or  shoates,  in  the  severall 
plantations,  that  are  kept  at  home  within  the 
towne,  shall  by  September  next,  be  ringed  or 
yoaked,  or  kept  up  in  theire  yards,  under  the 
penalty  of  foure  pence  for  every  such  swyne, 
to  bee  paid  by  the  owner,  to  the  party  that  shall 
take  the  swyne  so  defective,  and  impound  them ; 
allso,  all  such  as  are  kept  by  heards  in  the  woods 
shall  not  bee  suffered  to  abide  above  one  nighte, 
in  the  towne ;  but  that  it  shall  bee  lawfull  to 
impound  them,  in  case  they  come  at  any  time 
home,  from  the  middle  of  March  to  the  middle 
of  November.  (Ffairefeild  and  Strattford  de- 
sire to  bee  included  in  this  order.) 

Ffor  the  better  preserving  corne  and  meadow  on 
the  east  side  of  the  Great  River ; 

It  is  ordered  by  this  courte,  That  there  shall 
no  hoggs  nor  swyne  of  any  sorte  bee  put  over 
thither,  or  kept  there,  at  any  time  after  the 
publishing  of  this  order,  except  they  bee  kept 
out  of  the  bounds  of  the  severall  townes,  or  in 
15 


L 


170         BLUE  LAWS  OF  CONNECTICUT. 

theire  yardes,  under  the  penalty  of  two  shil- 
lings a  head  for  every  hogg  or  swyne,  for  every 
time  they  shall  bee  found  there,  contrary  to 
this  order. 

TIMBER. 

It  is  ordered  by  this  courte,  That  no  timber 
shall  be  felled  within  three  myles  of  the  mouth 
of  Mattabeseck  river,  nor  at  unseasonable  times, 
viz.  from  the  beginning  of  April  to  the  end  of 
September;  and  that  it  be  improved  into  pipe- 
staves,  or  some  other  merchantable  commodity, 
within  one  month  after  the  felling  thereof,  or 
carted  together;  and  that  the  timber  so  im- 
proved, shall  not  bee  transported  from  the  river, 
but  for  discharge  of  debts,  or  fetching  in  some 
necessary  provision. 

TOBACKO. 

fforasmuch  as  it  is  observed,  that  many  abuses 
are  crept  in  and  committed,  by  frequent  taking 
of  tobacko. 

It  is  ordered  by  the  authority  of  this  Courte, 
That  no  person  under  the  age  of  twenty  one 
years,  nor  any  other,  that  hath  not  already  ac- 


BLUE   LAWS   OP   CONNECTICUT.          171 

customed  himself  to  the  use  thereof,  shall  take 
any  tobacko,  until  hee  hath  brought  a  certifi- 
cate under  the  hands  of  some  who  are  approved 
for  knowledge  and  skill  in  phisick,  that  it  is 
usefull  for  him,  and  allso,  that  hee  hath  received 
a  lycense  from  the  courte,  for  the  same. — And 
for  the  regulating  of  those,  who  either  by  theire 
former  taking  it,  have,  to  theire  own  apprehen- 
sions, made  it  necessary  to  them,  or  uppon  due 
advice,  are  persuaded  to  the  use  thereo£ 

It  is  ordered,  That  no  man  within  this  colo- 
nye,  after  the  publication  hereof,  shall  take  any 
tobacko,  publiquely  in  the  streett,  highwayes  or 
any  barne  yardes,  or  uppon  training  dayes,  in 
any  open  places,  under  the  penalty  of  six-pence 
for  each  offence  against  this  order,  in  any  the 
perticulars  thereof,  to  bee  paid  without  gaine- 
saying,  uppon  conviction,  by  the  testimony  of 
one  witness,  that  is  without  just  exception,  be- 
fore any  one  magistrate.  And  the  constables  in 
the  severall  townes,  are  required  to  make  pre- 
sentment to  each  perticular  courte,  of  such  as 
they  doe  understand,  and  can  evict  to  be  trans- 
gressors of  this  order. 


"1 

172          BLUE  LAWS  OF  CONNECTICUT. 


TRESPASSES. 

It  is  ordered  by  this  Courte  and  authority 
thereof,  That  if  any  horse  or  other  beast,  tres- 
pass in  corne,  or  other  inclosure,  being  fenced 
in  such  sorte  as  secures  against  cowes,  oxen, 
small  calves  and  such  like  orderly  cattle,  the 
party  or  parties  trespassed,  shall  procure  two 
able  men  of  good  reporte  and  creditt,  to  view 
and  adjudge  the  harmes,  which  the  owner  of  the 
beast  shall  satisfie  (when  knowne)  uppon  rea- 
sonable demaund,  whether  the  beast  were  im- 
pounded or  not ;  but  if  the  owner  bee  knowne 
and  neare  residing,  as  in  the  same  towne,  or 
the  like,  notice  shall  bee  left  at  the  usuall  place 
of  his  aboade,  of  the  trespass,  before  an  estima- 
tion bee  made  thereof,  to  the  end  hee,  or  any 
others  appointed  by  him,  may  bee  present  when 
judgement  is  made ;  the  like  notice  allso,  shall 
bee  left  for  him,  of  the  dammage  charged  up- 
pon him,  that  if  hee  approve  not  thereof,  hee 
may  repaire  to  the  select  townsmen,  or  some  of 
them,  who  shall,  in  such  case,  nominate  and  ap- 
point two  able  and  indifferent  men,  to  review 
and  adjudge  the  said  harmes,  which  being 


BLUE   LAWS   OF  CONNECTICUT.  173 

forthwith,  discharged,  together  with  the  charge 
of  the  notice,  former  and  latter  view,  and  de- 
termination of  dammages,  the  first  judgement 
to  bee  void,  or  else  to  stand  in  lawe. 

\ 

TKEASUBER. 

It  is  ordered,  That  the  Treasurer  shall  de- 
liver no  money  out  of  his  hands,  to  any  person, 
without  the  hands  of  two  magistrates,  if  the 
summ  bee  above  twenty  shillings ;  if  it  bee  un- 
der, then  the  Treasurer  is  to  accept  of  the  hand 
of  one ;  but  if  it  bee  for  the  payment  of  some 
bills  to  bee  allowed,  which  are  referred  to  some 
comittees  to  consider  of,  whether  allowed  or 
not,  that  such  bills  as  they  allowe  and  sett 
theire  hands  unto,  the  Treasurer  shall  accept 
and  give  satisfaction, 

YOATES. 

It  is  ordered  by  this  Courte,  and  decreed, 
That  if  any  person  within  these  liberties,  have 
beene  or  shall  bee  fyned  or  whipped  for  any  scan- 
dalous offence,  hee  shall  not  bee  admitted,  after 
such  time,  to  have  any  voate  in  towne  or  com- 
15* 


— J 

174          BLUE  LAWS  OF  CONNECTICUT. 

I 

monwealth,  nor  to  serve  on  the  jury,  untill  the 
courte  shall  manifest  theire  satisfaction. 

VERDICTS. 

That  love  and  peace,  with  truth  and  righteous- 
nes  may  continue  and  flourish,  in  these  confed- 
erated colonyes. 

It  was  uppon  the  recommendation  of  the 
commissioners,  ordered,  that  any  verdict  or 
sentence  of  any  courte  within  the  colonyes, 
presented  under  authentique  testimony,  shall 
have  a  due  respect  in  the  severall  courtes  of 
this  jurissdiction,  where  there  may  be  occasion 
to  make  use  thereof;  and  shall  bee  accounted 
good  evidence  for  the  party e,  untill  better  evi- 
dence, or  other  just  cause  appeare,  to  alter,  or 
make  the  same  voide ;  and  that  in  such  case,  the 
issue  of  the  cause  in  question,  bee  respited 
for  some  convenient  time,  that  the  courte  may  be 
advised  with,  where  the  verdict  or  sentence  first 
passed;  provided  notwithstanding,  that  this 
order  shall  bee  accounted  valid,  and  improved 
onely  for  the  advantage  of  such  as  live  within 
some  of  the  confederated  colonyes,  and  where 
the  verdicts  in  the  courts  of  this  colony,  may 


BLUE   LAWS  OF  CONNECTICUT.  175 

receive  reciprocall  respect  by  a  like  order  es- 
tablished by  the  Generall  courte  of  that  colonye. 

WYNE    AND    STRONG    WATER. 

Whereas  many  complaints  are  brought  into  the 
courte,  by  reason  of  diverse  abuses  that  fatt 
out  by  severall  persons  that  sell  wyne  and 
strong  water,  as  well  in  vessels  on  the  river, 
as  allso  in  severall  howses,  for  the  preventing 
hereof, 

It  is  now  ordered  by  the  authority  of  this 
Courte,  That  no  person  or  persons,  after  the 
publishing  of  this  order,  shall  neither  sell  wyne 
nor  strong  water,  by  retaile,  in  any  place  within 
these  libberties,  without  license  from  the  per- 
ticular  court  or  any  two  magistrates,  or  where 
there  is  but  one  magistrate,  by  a  magistrate  and 
one  of  those  appointed  to  order  the  afiaires  of 
the  towne. 

WATCHES. 

It  is  ordered  by  this  Courte,  and  decreed, 
That  there  shall  bee  a  sufficient  watch  mein- 
teined  in  every  towne,  and  that  the  constable 


176  BLUE   LAWS   OF   CONNECTICUT. 

of  each  towne  shall  duely  warne  the  same,  and 
see  that  the  inhabitants  or  residents,  doe  seve- 
rally in  theire  turnes,  observe  the  same,  accord- 
ing as  the  inhabitants  doe  agree:  And  this 
courte  doth  explaine  themselves,  and  order, 
that  whosoever  within  this  jurissdiction,  that  is 
lyable  to  watch,  shall  take  a  journeye  out  of  the 
towne  wherein  hee  liveth,  after  he  hath  had 
timely  notice  and  warninge  to  watch,  hee  shall 
provide  a  watchman  for  that  turne,  though  him- 
selfe  bee  absent ;  and  if  any  man  that  takes  a 
journye,  or  goes  out  of  the  towne  wherein  hee 
liveth,  if  hee  returne  home  within  a  weeke 
after  the  watch  is  past  his  howse,  hee  shall  be 
called  back  to  watch  that  turne,  past  a  week 
before. 

And  for  the  better  keeping  watches  and  wardes, 
by  the  constables )  in  time  of  peace, 

It  is  ordered  by  this  Courte,  and  authority 
thereof,  That  every  constable  shall  present  to 
one  of  the  next  magistrates,  the  name  of  every 
person  who  shall  uppon  lawfull  warning,  re- 
fuse or  neglect  to  watch  or  ward,  either  in  per- 
son, or  some  other,  fitt  for  that  service ;  and  if 


BLUE   LAWS   OF   CONNECTICUT.  177          ', 

being  con  vented,  hee  cannott  give  a  just  excuse, 
such  magistrate  shall  graunt  warrant  to  levye 
five  shillings  on  every  such  offender,  for  every 
such  default,  the  same  to  bee  imployed  for  the 
use  of  the  watch  of  the  same  towne ;  and  it  is 
the  intent  of  the  lawe,  that  every  person  of 
able  body  (not  exempted  by  lawe)  or  of  estate 
to  hire  another,  shall  bee  lyable  to  watch  and 
warde,  or  to  supplye  it  by  some  other,  when 
they  shall  bee  thereunto  required ;  and  if  there 
bee,  in  the  same  howse,  diverse  such  persons, 
whether  sonnes,  servants  or  sojourners,  they 
shall  all  be  compellable  to  watch,  as  aforesaid  ; 
provided,  that  all  such  as  keepe  families  at 
theire  farmes,  being  remoate  from  any  towne, 
shall  not  be  compellable  to  send  theire  servants 
or  sonnes  from  their  farmes,  to  watch  and 
warde  in  the  townes. 

WOLYES. 

Whereas  great  loss  and  dammage  doth  befall  this 
Commonwealth,  by  reason  of  wolves,  which 
destroy  great  numbers  of  our  cattle,  notwith- 
standing provision  formerly  made  by  this 
cowrie  for  supressing  of  them ;  therefore, 


178  BLUE   LAWS  OF  CONNECTICUT. 

for  the  better  incouragement  of  any  to  sett 
about  a  worke  of  so  great  concernement, 

It  is  ordered  by  this  Courte,  and  authority 
thereof,  That  any  person,  either  English  or 
indian,  that  shall  kill  any  wolf  or  wolves, 
within  ten  myles  of  any  plantation  within  this 
jurissdiction,  shall  have  for  every  wolfe  by 
him  or  them  so  killed,  ten  shillings  paid  out 
of  the  Treasurye  of  the  country;  provided, 
that  due  proofe  be  made  thereof,  unto  the 
plantation  next  adjoining  where  such  wolfe  or 
wolves  were  killed ;  and  allso,  bring  a  certifi- 
cate under  some  magistrates  hand,  or  the  con- 
stable of  that  place,  unto  the  Treasurer. 

WRECKS    OF    THE    SEA. 

It  is  ordered  and  decreed,  and  by  this  court 
declared,  That  if  any  shipps  or  other  vessel] s, 
bee  it  ffreind  or  enemye,  shall  suffer  shipwreck 
upon  our  coasts,  there  shall  be  no  violence  or 
wrong  offered  to  theire  persons  or  goods,  but 
theire  persons  shall  bee  harboured  and  releived, 
and  theire  goods  preserved  in  safety,  till  au- 
thority may  bee  certified,  and  shall  take  further 
order  therein. 


BLUE  LAWS   OP  CONNECTICUT.  179 

YESSELLS. 

It  is  ordered  by  this  Courte,  and  authority 
thereof,  That  no  vessell  nor  boat,  shall  have 
libberty  to  goe  from  any  porte  in  any  towne 
within  this  jurissdiction,  before  they  have 
entred  with  the  register  or  recorder,  in  each 
towne,  what  quantity  of  powder  and  shott  they 
carry  forth  with  them  in  theire  said  vessells, 
and  shall  take  a  certificate  under  the  said  regis- 
ters or  recorders  hand,  of  the  same,  paying  to 
him  for  every  certificate,  four  pence;  and  if 
any  vessell  shall  attempt  to  goe  from  the  said 
towne  or  porte,  or  townes  and  portes,  before 
hee  hath  entred  as  aforesaid,  or  shall  be  found 
with  any  more  or  greater  quantity  of  powder 
and  shott,  aboard  the  vessell  or  vessells,  then 
they  had  a  certificate  to  shew  they  had  entred, 
shall  pay  forfeit  and  pay  for  each  default,  the 
true  value  of  all  such  powder  and  shott  as  they 
should  have  entred  as  aforesaid :  And  all  such 
persons,  or  masters  of  such  vessels,  shall  give 
a  true  account  uppon  theire  return,  to  the  said 
recorder,  where  they  have  entered  the  premises, 
how  they  have  disposed  thereof,  uppon  the 


180  BLUE   LAWS  OF   CONNECTICUT. 

former  penalty :  And  if  the  said  towne  register, 
or  recorder,  shall  have  just  cause  to  conceive 
that  hee  or  they  carry  forth  more  of  the  pre- 
mises, then  in  an  ordinary  way,  is  requisite  for 
their  necessary  defence  and  safety  in  theire 
intended  voyage,  then  the  said  persons  or  mas- 
ters of  vessells,  shall  give  in  security  unto  the 
said  recorder,  if  by  him  required  thereunto, 
that  hee  shall  give  a  due  account  to  this  com- 
monwealth, of  the  same,  uppon  his  returne. 


I 


HI. 


OE,  EXTRACTS  FROM  THE  ANCIENT  JUDICIAL 
RECORDS  OF  NEW-HAVEN. 

At  a  Court  held  at  New-Haven,  A.  D.  1643. 

ANDREW  Low,  jun.  for  breaking  into  Mr. 
Ling's  house,  where  he  brake  open  a  cupboard 
and  took  from  thence  some  Strong  Water,*  and 
6d.  in  money,  and  ransackt  the  house  from 
roome  to  roome,  and  left  open  the  doors,  for 
which  fact  being  committed  to  prison  brake 
forth  and  escaped,  and  still  remains  horrible 
obstinate  and  rebellious  against  his  parents, 
and  incorrigible  under  all  the  means  that  have 
been  used  to  reclaim  him.  Whereupon  it  was 
ordered  that  he  shall  be  as  severely  whipt  as 
the  rule  will  bare,  and  work  with  his  father  as 

*  Rum. 
16  (181) 


182  BLUE  LAWS   OF   CONNECTICUT. 

a  prisoner  with  a  lock  uppon  his  leg  so  that  he 
may  not  escape. 

December  Bd,  1651. 

It  was  propounded  that  some  safer  way 
might  be  found  out  to  Connecticote,  that  the 
danger  of  the  Bast  Eiver  might  be  avoyded. 
The  new  waye  was  desired  to  be  viewed  again, 
as  William  Bradley  offered  to  lend  his  cannow 
to  lie  in  the  East  Eiver,  if  the  town  will  find 
ropes  to  draw  it  to  and  agayne. 

At  a  Court,  held  May  1,  1660 

Jacob  M.  Murline  and  Sarah  Tuttle  being 
called  appeared,  concerning  whom  the  Governor 
declared,  that  the  business  for  which  they  were 
warned  to  this  court  he  had  heard  in  private 
at  his  house,  which  he  related  to  stand  thus. 

On  the  day  that  John  Potter  was  married 
Sarah  Tuttle  went  to  Mistress  Murline's  house 
for  some  thredd,  Mistress  Murline  bid  her  go 
to  her  daughters  in  the  other  roome,  where 
they  felle  into  speeche  of  John  Potter  and  his 
wife,  that  they  were  both  lame,  uppon  which 
Sarah  Tuttle  said,  that  she  wondered  what  they 


BLUE   LAWS  OF   CONNECTICUT.  183 

would  do  at  night.  Whereupon  Jacob  came 
in,  and  tooke  up  or  tooke  away  her  gloves. 
Sarah  desired  him  to  give  her  the  gloves,  to 
which  he  answered  he  would  do  so  if  she  would 
give  him  a  kysse,  uppon  which  they  sat  down 
together,  his  arme  being  about  her  waiste,  and 
her  arme  upon  his  shoulder  or  about  his  necke, 
and  he  kyssed  her  and  she  kyssed  him,  or  they 
kyssed  oneanother,  continuing  in  this  posture 
about  halfe  an  hour,  as  Marian  and  Susan 
testified,  which  Marian,  now  in  court,  affirmed 
to  be  so. 

Mistress  Murline,  now  in  court,  said  that  she 
heard  Sarah  say  she  wondered  what  they  would 
do  at  night,  and  shee  replyed  they  must  sleep ; 
but  it  was  matter  of  sorrow  and  shame  unto 
her. 

Jacob  was  asked  what  he  had  to  say  to  these 
things,  to  which  he  answered  that  he  was  in 
the  other  roome,  and  when  he  heard  Sarah 
speak  those  words,  he  went  in,  when  shee  having 
let  fall  her  gloves  he  tooke  them  up  and  she 
asked  him  for  them,  he  told  her  he  would  if 
she  would  kysse  him.  Further  said  hee  tooke 
her  by  the  hand,  and  they  both  sat  down  upon 


184:  BLUE  LAWS   OF  CONNECTICUT. 

a  chest,  but  whether  his  arme  were  about  her 
waiste,  and  her  arm  upon  his  shoulder  or 
about  his  neck,  he  knows  not,  for  he  never 
thought  of  it  since,  till  Mr.  Raymond  told  him 
of  it  at  Mannatos  for  which  he  was  blamed  and 
told  he  had  not  layde  it  to  heart  as  he  ought. 
But  Sarah  Tuttle  replyed  that  she  did  not  kysse 
him.  Mr.  Tuttle  replyed  that  Marian  hath 
denied  it,  and  he  doth  not  looke  upon  her  as  a 
competent  witness.  Thomas  Tuttle  said  that 
he  asked  Marian  if  his  sister  kyssed  Jacob,  and 
she  said  not.  Moses  Mansfield  testified  that  he 
told  Jacob  Murline  that  he  heard  Sarah  kyssed 
him,  but  he  denied  it.  But  Jacob  graunted 
not  what  Moses  testified. 

Mr.  Tuttle  pleaded  that  Jacob  had  endeav- 
oured to  steal  away  his  daughter's  affections. 
But  Sarah  being  asked  if  Jacob  had  inveagled 
her,  she  said  no.  Thomas  Tuttle  said  that  he 
came  to  their  house  two  or  three  times  before 
he  went  to  Holland,  and  they  two  were  together, 
and  to  what  end  he  came  he  knows  not,  unless 
it  were  to  inveagle  her.  And  their  mother 
warned  Sarah  not  to  keep  company  with  him. 
And  to  the  same  purpose  spake  Jonathan 


BLUE   LAWS   OF   CONNECTICUT.          185 

Tuttle.  But  Jacob  denied  that  he  came  to 
their  house  with  any  such  intendmeiit,  nor  did 
it  appeare  so  to  the  court. 

The  Governor  told  Sarah  that  her  miscar- 
riage* is  the  greatest,  that  a  virgin  should  be 
so  bold  in  the  presence  of  others  to  carry  it  as 
she  had  done,  and  to  speake  suche  corrupt 
words,  most  of  the  things  charged  against  her 
being  acknowledged  by  herself,  though  that 
about  kyssing  is  denied,  yet  the  thing  is  prooved. 
Sarah  professed  that  she  was  sorry  that  shee 
had  carried  it  so  sinfully  and  foolishly,  which 
she  saw  to  be  hateful.  She  hoped  GOD  would 
help  her  to  carry  it  better  for  time  to  come. 

The  Governor  allso  told  Jacob  that  his  car- 
riage hath  been  very  evil  and  sinful  so  to  carry 
it  towards  her,  and  to  make  such  a  light  matter 
of  it  as  not  to  think  of  it,  (as  he  exprest,)  doth 
greatly  aggravate,  and  for  Marian,  who  was  a 
married  woman,  to  suffer  her  brother  and  a 
man's  daughter,  to  sit  almost  half  an  hour  in 
such  a  way  as  they  have  related  was  a  very 
great  evil.  She  was  told  that  she  should  have 

*  f.  e.,  immodesty,  indiscretion. 


186  BLUE   LAWS   OF   CONNECTICUT. 

showed  her  indignation  against  it,  and  have 
told  her  mother,  that  Sarah  might  have  been 
shut  out  of  doors.  Mrs.  Murline  was  told  that 
she,  hearing  such  words,  should  not  have  suf- 
fered it.  Mrs.  Tuttle  and  Mrs.  Murline  being 
asked  if  they  had  any  more  to  say  they  said  no. 

Whereuppon  the  court  declared,  that  we  have 
heard  in  the  Publique  Ministry  that  it  is  a 
thing  to  be  lamented,  that  young  people  should 
have  their  meetings  to  the  corrupting  of  them- 
selves and  one  another.  As  for  Sarah  Tuttle 
her  miscarriages  are  very  great,  that  she  should 
utter  so  corrupt  a  speeche  as  she  did  concerning 
the  persons  to  be  married,  and  that  she  should 
carry  it  in  such  a  wanton,  uncivil,  immodest 
and  lascivious  manner  as  hath  been  proved. 
And  for  Jacob  his  carriage  hath  been  very  cor- 
rupt and  sinful,  such  as  brings  reproach  upon 
the  family  and  place. 

The  sentence  therefore  concerning  them  is, 
that  they  shall  pay  either  of  them  as  a  fine  20s. 
to  the  Treasurer. 

A  Court  Jiolden  Bd  November,  1639. 
It  is  ordered,  that  Mr.  Hopkins  shall  have 


BLUE   LAWS  OF   CONNECTICUT.          187 

two  hogsheads  of  lime  for  his  present  use,  and 
as  much  more  as  will  finish  his  house  as  he 
now  intends  itt,  he  thinking  that  two  hogsheads 
more  will  serve. 

It  is  ordered  that  a  meeting-house  shall  be 
built  forthwith,  fifty  foote  square ;  and  that  the 
carpenters  shall  fall  timber  where  they  can 
finde  it  till  allotment  be  layed  out,  and  men 
know  ther  own  proprietyes. 

It  is  ordered,  that  Mr.  Gregson  and  Mr. 
Evance  shall  have  fower  dayes  liberty  after 
this  day  to  square  their  timber,  before  the  for- 
mer order  shall  take  hold  of  them. 

It  is  ordered,  that  Mr.  Eaton,  Mr.  Davenport, 
Robt.  Newnan,  Matthew  Gilbert,  Capt.  Turner 
and  Thomas  Fflugill  shall  from  hence  forward 
have  the  disposing  of  all  the  house  lotts,  yett 
undisposed  of,  about  this  towne,  to  such  per- 
sons as  they  shall  judge  meete  for  the  good  of 
the  plantation ;  and  thatt  none  shall  come  to 
dwell  as  planters  here  without  their  consent 
and  allowance,  whether  they  come  in  by  pur- 
chase or  otherwise. 

It  is  ordered,  that  every  one  thatt  beares 
armes  shall  be  compleatly  furnished  with  armes, 


188  BLUE   LAWS   OF   CONNECTICUT. 

(viz)  a  muskett,  a  sword,  vandaleers,  a  rest,  a 
pound  of  powder ;  20  bullets  fitted  to  their 
muskett,  or  4  pound  of  pistoll  shott,  or  swan 
shott  att  least,  and  be  ready  to  show  them  in 
the  market  place  upon  Monday  the  6th  of  this 
moneth  before  Gaptaine  Turner  and  Lieutenant 
Seeley,  under  the  penalty  of  20s  fine  for  every 
default  or  absence. 

A  Court  holden  the  ±th  of  December,  1639. 

It  is  ordered  that  Thomas  Saule  shall  agree 
with  Goodman  Spinnage  before  the  next 
Court,  or  else  the  Court  will  determine  the 
difference  between  them. 

Eoger  Duhurst  and  James  Stewart  are  en- 
joy ned  to  make  double  restitution  to  John 
Cockerill  for  five  pound  and  seventeen  shillings, 
which  they  stole  out  of  his  chist  on  the  Lords 
day  in  the  meeting  time,  and  they  being  ser- 
vants to  the  said  Cockerill,  for  which  aggrava- 
tion they  were  whipped  also. 

Thomas  Manchester,  servent  to  Mr.  Perry, 
being  accused  by  his  master  for  being  drunk, 
and  for  giving  his  master  uncomely  language, 
for  which  his  master  having  given  him  some 


BLUE   LAWS   OF   CONNECTICUT.          189 

correction,  the  Court  (only)  cased  him  to  be  sett 
in  the  stocks  for  a  certain  time. 

Nicholas  Tamer,  servant  to  the  said  Mr.  Per- 
ry, for  drunkenness  and  abusing  his  master  in 
words,  was  whipped. 

A  General  Court  4th  of  January,  1639. 

It  is  agreed  by  the  towne,  and  according- 
ly ordered  by  the  Courte,  that  the  Neck  shall 
be  planted  or  sown  for  the  term  of  seven 
years,  and  that  John  Brockett  shall  goe  about 
laying  it  out,  for  which,  and  all  differences 
betwixt  party  and  party  about  ground  for- 
merly broke  up  and  planted  by  English  there, 
shall  be  arbitrated  by  indifferent  men,  which 
shall  be  chosen  to  that  end. 

It  is  ordered,  that  some  speedy  course  shall 
be  taken  to  keep  hogs  out  of  the  neck. 

It  is  ordered,  that  a  convenient  way  to  the 
Hay  place  be  left  comon  for  all  the  towne. 

It  is  ordered,  that  no  cattell  belonging  to 
this  towne  shall  goe  without  a  keeper  after  the 
first  of  May  next. 


r 

190  BLUE  LAWS   OF   CONNECTICUT. 

A  General  Court,  5th  February,  1639. 

It  is  ordered,  thatt  brother  Andrews,  bro. 
Kimberly,  Wm.  Enos  and  Sergeant  Beckley 
shall  assist  Mr.  Ling  to  ripen  Goodman  Tap's 
business  against  the  next  Courte,  concerning 
his  demands  of  certain  monyes  which  he  dis- 
|  bursed  for  bringing  cattell  from  the  Bay,  ap- 
pertaining to  divers  persons. 

It  is  ordered  that  brother  Andrews  shall  de- 
taine  so  much  of  Eobt.  Campion,  his  wages  in 
i  his  hands,  as  may  secure  a  debt  of  Sib  which 
|  Mr.  Moulend  demaunds  of  the  said  Eobt. 

It  is  ordered,  that  Mr.  Moulend  shall  pay  to 
j  Mr.  Perry  20s  which  he  owes  to  him. 

It  is  ordered,  that  Mr.  Wilkee  shall  pay  5 
bushells  and  a  halfe  of  Indian  corne  to  Thomas 
Buckingham,  for  corne  destroyed  by  Mr.  Wilks 
his  hogs. 

Isaiah,  Captain  Turner's  man,  fined  5lb  for 
being  drunk  on  the  Lords  day. 

Wm.  Bromfield  Mr.  Malbon's  man  was  sett 
in  the  stocks  for  prophaning  the  Lord's  day  and 
stealing  wine  from  his  master,  which  he  drunk 
and  gave  to  others. 

Ellice,  Mr.  Eaton's  boy,  was  whipped  for 


BLUE   LAWS   OF   CONNECTICUT.          191 

stealing  a  sow  and  a  goafc  from  his  master,  and 
selling  them. 

David  Anderson  was  whipped  for  being 
drunke. 

John  Tenner,  accused  for  being  drunke  with 
strong  waters,  was  acquitted,  itt  appearing  to 
be  of  infirmity,  and  occasioned  by  the  ex- 
tremity of  the  cold. 

Mr.  Moulend  accused  of  being  drunke,  but 
nott  clearly  proved,  was  respited. 

Peter  Browne,  Licensed  to  bake  to  sell,  so 
long  as  he  gives  no  offence  in  it  justly. 

18th  February,  1639. 

John  Charles  forbidden  to  draw  wine,  because 
there  hath  been  much  disorder  by  itt. 

Goodman  Leone  was  whipped  and  sent  out 
of  the  plantation,  being  not  onely  a  disorderly 
person  himselfe,  butt  an  incourager  of  others  to 
disorderly  drinking  meetings. 

George  Spencer  being  prophane  and  dis- 
orderly in  his  whole  conversation,  and  an  abet- 
tor of  others  to  sin,  and  drawing  on  others  in 
to  a  conspericie  to  carrv  away  the  Cock  to 


s          192         BLUE   LAWS   OF   CONNECTICUT. 

Virgenia,  was  whipped  and  sent  out  of  the 
plantation. 

John  Proute,  Hen.  Brasier  and  William 
Bromfield  was  whipped  for  joyning  in  the 
aforesaid  conspericie,  and  the  said  Hen.  and 
Win.  were  ordered  to  weare  irons  during  the 
magistrate's  pleasure. 

A  Court  holden  the  1st  of  July,  1 640 

Thomas  Parsons  and  John servants 

to  Elias  Parkmore,  were  whipped  for  their  sin- 
>        full  dalliance  and  folly  with  Lydia  Browne, 
j 

5th  August,  1640. 

It  is  ordered,  that  none  in  this  plantatione 
shall  either  sell  or  lett  a  lott  to  any  stranger, 
for  years,  without  allowance  from  the  Courte. 

It  is  ordered  thatt  att  this  day,  every  yeare 
all  the  Ram  Goates  in  the  towne  shall  either  be 
side  stringed,  or  some  other  Course  taken  with 
them  so  as  they  cannot  Ram  the  Ewes  till  the 
fittest  season. 

A  Court  held  at  New-Haven  the  3d  of  the  7th 

month,  1642. 
Matthew  Willson  for  killing  a  dog  of  Mr. 


BLUE   LAvTS   OF   CONNECTICUT.          193 

Perry's,  willfully  and  disorderly,  fined  20s  for 
his  disorder,  and  ordered  to  pay  20s  damage  to 
Mr.  Perry,  which  40s  Edward  Chipperfield 
undertooke  to  see  pay'd  by  the  last  of  Septem- 
ber next. 

John  Lobell  the  Miller,  for  sinfull  dalliance 
with  a  little  wench  of  Goodman  Halls,  was 
whipped. 

8th  month,  1642. 

It  is  ordered,  thatt  whosoever  findes  any 
things  thatt  are  Lost  shall  deliver  them  to  the 
Marshall,  to  be  kept  safe  till  the  owners  chal- 
lenge them. 

New-Haven,  2nd  November,  1642. 
Jeruas  Boykin  is  ordered  to  pay  unto  George 
Badcocke  the  sum  of  20s  for  taking  his  cannow 
without  leave. 

It  is  ordered,  thatt  those  who  have  their 
)•  ffarmes  att  the  Eiver,  Called  stony  Eiver,  shall 
j  have  Liberty  to  make  a  sluice  in  the  Eiver  for 
\  their  owne  convenience. 

7th  December,  1642. 
Fforasmuch  as  John  Owen  hath  had  some 

17 


I         194  BLUE  LAWS  OF    CONNECTICUT. 

damage  done  in  his  come  by  hogs,  occasioned 
through  the  neglect  of  Mr.  Lamberton,  John 
Bud  and  Will  Preston,  in  not  makeing  up  their 
fence  in  season,  It  is  therefore  ordered,  thatt 
the  said  Mr.  Lamberton,  John  Bud  and  Will 
Preston  shall  make  Satisfaction  to  the  said 
John  Owen,  for  the  damage  done ;  (viz.)  Eight 
days  worke  and  two  Pecks  of  Corne,  which  is 
to  be  payd  according  to  the  several  apportions 
of  ffence  unset  up  respectively. 

1st  of  1st  month,  1643. 

John  Lawrence  and  Valentine,  servants  to 
Mr.  Malbon,  for  Imbezilling  their  masters 
Goods,  and  keeping  disorderly  night  Meetings 
with  Will  Harding,  a  Lewd  and  disorderly 
person,  plotting  with  him  to  carry  their  mas- 
ter's daughters  to  the  farmes  in  the  night,  con- 
cealing divers  uncleane  filthy  dalliances;  all 
which  they  confessed  and  was  whipped. 

Ruth  Acie,  a  Covenant  servant  to  Mr.  Mal- 
bon, for  stubbornes,  lyeing,  stealing  from  her 
Mrs.  and  yeilding  to  filthy  dalliance  with  Will 
Harding,  was  whipped. 

Martha  Malbon,  for  consenting  to  goe  in  the 


BLUE   LAWS   OF   CONNECTICUT.  195 

night  to  the  farmes  with  Will  Harding,  to  a 
venison  feast,  for  stealing  things  from  her 
parents,  and  yielding  to  filthy  dalliance  with 
the  said  Harding,  was  whipped. 

Goodman  Hunt  and  his  Wife,  for  keepeing 
the  Councells  of  the  said  William  Harding, 
Bakeing  him  a  Pastry  and  Plum  Cakes,  and 
keeping  Company  with  him  on  the  Lord's  day, 
and  she  suffering  Harding  to  kisse  her,  they 
being  onely  admitted  to  sojourn  in  this  Planta- 
tion upon  their  good  behavior,  was  ordered  to 
be  sent  out  of  this  towne  within  one  moneth 
after  the  date  hereof;  yea,  in  a  shorter  time; 
if  any  miscarryage  be  found  in  them. 

At  a  Court  held  at  New-Haven,  September  2, 
A.  D.  1662. 

Edmund  Dorman,  plaintiff,  entered  an  action 
of  slaunder  or  defamation  against  Jeremiah 
Johnson,  defendant.  The  plaintiff  informed 
against  him  that  he  had  heard  that  J.  Johnson 
had  reported  at  John  Olvarde's  house,  that  he 
heard  Dorman  at  prayer  in  a  swamp  for  a  wife, 
and  being  asked  by  John  Olvarde  who  the 
person  was,  he  answered  that  it  was  his  mare. 


196  BLUE   LAWS   OF   CONNECTICUT. 

And  there  was  other  circumstances  of  scoff- 
ing, &c. 

The  defendant  was  asked  whether  he  graunted 
the  thing  or  denied.  The  defendant  desired 
proof  and  that  the  witnesses  might  speake 
apart.  John  Olvarde  was  first  called,  who  tes- 
tified that  Johnson  being  at  his  house,  he  heard 
him  say,  that  he  heard  Edmund  Dorman  at 
prayer  in  a  swamp,  (by  John  Downes's)  for  a  5 
wife ;  and  sayde,  '  Lord  thou  knowest  my  ne- 
cessitie  and  canst  supplie  it.  Lord  bend  and 
bow  her  wille,  and  make  her  sensible  of  my 
condition  or  necessitie.'  He  asked  Jeremiah 
who  it  was :  he  answered  it  may  be  his  mare, 
that  she  might  be  made  servissable.  John 
Olvarde  being  asked  when  it  was,  he  said  it 
was  since  harvest. 

Stephen  Bradley  being  called  also  testified 
the  same  thing.  The  defendant  being  asked 
what  he  had  to  say  for  himself,  said  he  thought 
Bradley  did  it  out  of  revenge.  But  he  was  told 
he  must  prove  him  a  false  person  upon  record, 
or  perjured,  or  that  he  doth  it  out  of  revenge  at 
this  time.  The  defendant  further  said  he  did 
expect  some  other  persons  that  was  present  at 


John  Olvarde's  would  have  been  here,  therefore 
did  refuse  to  make  his  defence  further  at  this 
time ;  and  desired  that  the  witnesses  might  not 
be  sworn. 

Then  Jeremiah  was  told  that  it  was  a  fearful 
thing  to  come  to  that  height  of  sin,  as  to  sit  in 
the  seat  of  the  scorner.  Therefore  the  court 
told  him  they  should  defer  this  business,  and 
warned  him  to  attend  the  next  particular  court 
to  give  answer  hereunto. 

December  3d,  1651. 

Will  Harding  being  convicted  of  a  great  deal 
of  base  carriage  with  divers  yonge  girls,  to- 
gether with  enticing  and  corrupting  divers  men 
servants  in  this  plantation,  haunting  with  them 
at  night  meetings  and  juncketings,  &c.  was  sen- 
tenced to  be  severely  whipped,  and  fined  51.  to 
Mr.  Malbone,  and  51.  to  Will  Andrews  whose 
famylyes  and  daughters  he  hath  so  much 
wronged,  and  presently  to  depart  the  planta- 
tion, and  not  to  retourne  under  the  penalty  of 
severer  punishment. 

1642.  Samuel  Hoskins  and  Elizabeth  Cle- 
verly being  desirous  to  join  together  in  the 
17* 


198  BLUE   LAWS   OF   CONNECTICUT. 

state  of  marriage,  and  not  being  able  to  make 
proof  of  their  parent's  consent,  but  seeing  they 
both  affirm  they  have  the  consent  of  their  pa- 
rents and  withall  having  entered  into  contract, 
and  sinfully  and  wickedly  made  themselves 
both  unfit  for  any  other,  and  for  which  they 
both  have  received  Publique  correction,  upon 
these  considerations  granted  them  liberty  to 
marry. 

1643.  Margaret  Bedforde  being  convicted  of 
divers  miscarriages,  was  severely  whipped,  and 
ordered  to  be  married  to  Nicholas  Jennings 
with  whom  she  hath  been  naught. 


IV. 


The  following  is  the  most  ancient  record  of  the  Colo- 
ny of  New- Haven,  and  is  a  curiosity  in  the  his- 
tory of  civil  government. 

THE  4th  day  of  the  4th  moneth,  called  June, 
1639,  all  the  free  planters  assembled  together 
in  a  general  meetinge,  to  consult  about  settling 
civil  government  according  to  GOD,  and  about 
the  nomination  of  persons  that  may  be  found 
by  consent  of  all  fittest  in  all  respects  for  the 
foundation  work  of  a  Church  which  was  in- 
tended to  be  gathered  in  Quinipieck.  After 
sollemne  invocation  of  the  name  of  GOD  in 
prayer,  for  the  presence  and  help  of  his  spirit 
and  grace,  in  these  weighty  businesses,  they 
were  reminded  of  the  business  whereabout  they 
met  (viz)  for  the  establishment  of  such  civil  or- 
der as  might  be  most  pleasing  unto  GOD,  and 
for  the  chusing  the  fittest  men  for  the  founda- 
tion work  of  a  church  to  be  gathered.  For  the 


200  BLUE  LAWS   OF   CONNECTICUT. 

better  enabling  them  to  discerne  the  minde  of 
GOD,  and  to  agree  accordingly  concerning 
the  establishment  of  civil  order,  Mr.  John  Da- 
venport propounded  divers  queries  unto  them, 
publickly  praying  them  to  consider  seriously 
in  the  presence  and  feare  of  GOD  the  weight  of 
the  business  they  met  about,  and  not  to  be  rash 
or  sleight  in  giving  their  votes  to  things  they 
understood  not,  but  to  digest  fully  and  tho- 
roughly what  should  be  propounded  unto  them, 
and  without  respect  to  men,  as  they  should  be 
satisfied  and  perswaded  in  their  own  minds  to 
give  their  answers  in  such  sort  as  they  would 
be  willing  they  should  stand  upon  record  for 
posterity. 

This  being  earnestly  expressed  by  Mr.  Da- 
venport, Mr.  Robert  Newman  was  intreated  to 
write  in  charracters  and  to  read  distinctly  and 
audibly  in  the  hearing  of  all  the  people,  what 
was  propounded  and  accorded  on,  that  it  might 
appear  that  all  consented  to  matters  propounded 
according  to  words  written  by  him. 

Quaere  1.  Whether  the  Scriptures  doe  holde 
fourth  a  perfect  rule  for  the  direction  and  go- 
vernment of  all  men  in  all  duteyes  which 


BLUE   LAWS  OF   CONNECTICUT.          201 

they  are  to  perform  to  GOD  and  men  as  well 
in  the  government  of  famylyes  and  common- 
wealths as  in  matters  of  the  church  ? 

This  was  assented  unto  by  all,  no  man  dis- 
senting, as  was  expressed  by  holding  up  of 
hands.  Afterwards  it  was  read  over  to  them, 
that  they  might  see  in  what  wordes  their  vote 
was  expressed :  they  againe  expressed  their 
consent  thereto  by  holding  up  their  hands,  no 
man  dissenting. 

Quaere  2.  Whereas  there  was  a  covenant 
sollemnely  made  by  the  whole  assembly  of  free 
planters  of  this  plantation,  the  first  day  of  ex- 
traordinary humiliation  that  we  had  after  we 
came  together,  that  as  in  matters  that  concern 
the  gathering  and  ordering  of  a  church,  so 
likewise  in  all  publique  offices,  which  concern 
civil  order,  as  choyce  of  magistrates  and  offi- 
cers, making  and  repealing  of  laws,  divideing 
allotments  of  inheritances,  and  all  things  of 
like  nature  we  would  all  of  us  be  ordered  by 
those  rules  which  the  scripture  holds  forth  to 
us.  This  covenant  was  called  a  plantation  co- 
venant to  distinguish  it  from  a  church  cove- 
nant, which  could  not  at  that  time  be  made,  a 


202  BLUE   LAWS   OF   CONNECTICUT. 

church  not  being  then  gathered,  but  was  de- 
ferred till  a  church  might  be  gathered  accord- 
ing to  GOD.  It  was  demanded  whether  all  the 
free  planters  doe  holde  themselves  bound  by 
that  covenant  in  all  business  of  that  nature 
which  are  expressed  in  the  covenant,  to  submit 
themselves  to  be  ordered  by  the  rules  which 
are  held  forth  in  the  scripture. 

This  also  was  assented  unto  by  all,  and  no 
man  gainsaied  it,  and  they  did  testify  the  same 
by  holding  up  their  handes,  both  when  it  was 
first  propounded,  and  afterwards  confirmed  the 
same  by  holding  up  their  hands  when  it  was 
read  unto  them  in  publiqne.  John  Clark  being 
absent  when  the  covenant  was  made  doth  now 
manifest  his  consent  to  it.  Also  Richard  Beach, 
Andrew  Low,  Goodman  Bamster,  Arthur  Hal- 
bidge,  John  Potter,  Eichard  Hill,  John  Brock- 
ett,  and  John  Johnson,  these  persons  being  not 
admitted  planters  when  the  covenant  was  made 
doth  now  expresse  their  consent  to  it. 

Quaere  3.  Those  who  have  desired  to  be  re- 
ceived as  free  planters  and  are  settled  in  the 
plantation  with  a  purposed  resolution  and  de- 
sire that  they  may  be  admitted  into  church  fel- 


BLUE   LAWS   OF   CONNECTICUT.  203 

lowship,  according  to  Christ,  as  soon  as  GOD 
shall  fitt  them  thereunto,  were  desired  to  ex- 
presse  it  by  holding  up  of  hands,  accordingly 
all  did  express  this  to  be  their  desire,  and  pur- 
pose by  holding  up  their  hands  twice,  (viz) 
both  at  the  proposal  of  it,  and  after  when  these 
written  words  were  read  unto  them. 

Quaere  4.  All  the  free  planters  were  called 
upon  to  express  whether  they  held  themselves 
bound  to  establish  such  civil  order  as  might 
best  conduce  to  the  securing  the  purity  and 
peace  of  the  ordinances  to  themselves  and  their 
posterity,  according  to  GOD.  In  answer  here- 
unto they  expressed  by  holding  up  their  hands 
twice  as  before.  That  they  helde  themselves 
bound  to  establish  such  civil  order  as  might 
best  conduce  to  the  ends  aforesaid. 

Then  Mr.  Davenport  declared  unto  them  by 
the  scriptures  what  kind  of  persons  might  best 
be  trusted  with  matters  of  government,  and  by 
sundry  arguments  from  scripture  proved  that 
such  as  were  described  Ex.  18.  1.  Deut.  1.  13. 
with  Deut.  19.  15.  and  1  Cor.  6.  1  to  7,  ought 
to  be  entrusted  by  them,  seeing  they  were  free  to 
cast  themselves  into  that  mould  and  forme  of 


204  BLUE   LAWS   OF   C<»TNECTICUT. 

commonwealth  which  appeareth  best  for  them 
in  reference  to  the  secureing  the  pure  and 
peaceable  enjoyment  of  all  Christ  his  ordinonces 
in  the  church  according  to  GOD,  whereunto 
they  have  bound  themselves  as  hath  been  ac- 
knowledged. Having  said  this  he  sat  down, 
pray  ing  the  company  freely  to  consider  whether 
they  would  have  it  voted  at  this  time  or  not. 
After  some  space  of  silence  Mr.  Theophilus 
Eaton  answered  it  might  be  voted,  and  some 
others  also  spake  to  the  same  purpose,  none  at 
all  opposing  it.  Then  it  was  propounded  to 
vote. 

QuaereS.  Whether  free  Burgesses. shall  be 
chosen  out  of  Church  members,  they  that  are 
in  the  foundation  work  of  the  church  being 
actually  free  burgesses,  and  to  chuse  to  them- 
selves out  of  the  like  estate  of  church  fellow- 
ship, and  the  power  of  chusing  magistrates  and 
officers  from  among  themselves  and  the  power 
of  making  and  repealing  laws  according  to  the 
word,  and  the  dividing  of  inheritances,  and  the 
deciding  differences  that  may  arise,  and  all  the 
businesses  of  like  nature  are  to  be  transacted 
by  those  free  burgesses. 


BLUE   LAWS   OF   CONNECTICUT.  205 

This,  (viz.  Quaere  5.)  was  put  to  vote,  and 
agreed  unto  by  the  lifting  up  of  hands  twice, 
as  in  the  former  cases  it  was  done.  Then  one 
man  stood  up  after  the  vote  was  past,  and  ex- 
pressing his  dissenting  from  the  rest,  in  that 
yet  granting,  1  That  magistrates  should  be 
men  fearing  GOD,  2.  That  the  Church  is  the 
company  whence  ordinarily  such  men  may  be 
expected.  3.  That  they  that  chuse  them  ought 
to  be  men  fearing  GOD,  onelye  at  this  he  stucke, 
That  free  planters  ought  not  to  give  the  power 
out  of  their  hands. 

Another  stood  up  and  answered  that  in  this 
case  nothing  was  done  but  with  their  consent. 
The  former  answered  that  all  the  free  planters 
ought  to  resume  this  power  into  their  own 
hands  again  if  things  were  not  orderly  carried. 
Mr.  Tbeophilus  Eaton  answered  that  in  all 
places  they  chuse  committees.  In  like  manner 
the  companys  of  London  chuse  the  liverys  by 
whom  the  publique  magistrates  are  chosen.  In 
this  the  rest  are  not  wronged:  because  they 
expect  to  be  of  the  livery  themselves,  and  to 
have  the  same  power.  Some  others  intreated 
the  former  to  give  his  arguments  and  reasons 


c — THE  LIBRARY 

nf 


206  BLUE   LAWS   OF   CONNECTICUT. 

whereupon  he  dissented.  He  refused  to  doe  it, 
and  said  they  might  not  rationally  demaund  it, 
seeing  he  let  the  vote  pass  on  freely,  and  did 
not  speak  till  after  it  was  past  because  he  would 
not  hinder  what  they  agreed  upon.  Then  Mr. 
Davenport,  after  a  short  relation  of  some  former 
passages  between  them  two  about  this  question, 
prayed  the  company  that  nothing  might  be 
concluded  by  them  in  this  weighty  question 
but  what  themselves  were  persuaded  to  be 
agreeing  with  the  minde  of  GOD,  and  they  had 
heard  what  had  been  sayd  since  the  vote,  in- 
treated  them  agayne  to  consider  of  it  and 
agayne  to  put  it  to  vote  as  before.  Agayne  all 
of  them,  by  holding  up  their  hands,  did  shew 
their  consent  as  before.  And  some  of  them 
professed,  that  whereas  they  did  waver  before 
they  came  to  the  assembly,  they  were  now  fully 
convinced,  that  it  is  the  minde  of  GOD.  One 
of  them  said  that  in  the  morning  before  he 
came,  reading  Deuteronomy  17.  15.  he  was 
convinced  at  home.  Another  said  that  he  came 
doubting  to  the  assembly,  but  he  blessed  GOD, 
by  what  had  beene  said  he  was  now  fully  satis- 
fied that  the  choyce  of  burgesses  out  of  Church 


BLUE   LAWS   OF   CONNECTICUT.  207 

members  and  to  intrust  these  with  the  power 
before  spoken  of,  is  according  to  the  minde  of 
GOD  revealed  in  the  scripture.  All  having 
spoken  their  apprehensions  it  was  agreed  upon, 
and  Mr.  Eobert  Newman  was  desired  to  write 
it  as  an  order  whereunto  every  one  that  here- 
after should  be  admitted  here  as  planters  should 
submit,  and  testify  the  same  by  subscribing 
their  names  to  the  order,  namely, 

That  Church  Members  only  shall  be  free 
Burgesses,  and  that  they  only  shall  chuse 
magistrates  and  officers  among  themselves,  to 
have  the  power  of  transacting  all  publique 
civil  affairs  of  this  plantation,  of  making  and 
repealing  laws,  devideing  of  inheritances,  de- 
ciding of  differences  that  may  arise,  and  doing 
all  things  or  businesses  of  like  nature. 

This  being  settled  as  a  fundamental  article 
concerning  civil  government,  Mr.  Davenport 
propounded  and  proposed  some  things  to  con- 
sideration aboute  the  gatheringe  of  a  Church. 
And  to  prevent  the  blemishing  of  the  first  be- 
ginnings of  the  worke,  He  advised  that  the 
names  of  such  as  were  to  be  admitted  might  be 
publiquely  propounded,  to  the  end  that  they 


208  BLUE   LAWS   OF   CONNECTICUT. 

who  were  most  approved  might  be  chosen ;  for 
the  town  being  cast  into  several  private  meet- 
ings wherein  they  that  dwelt  nearest  together, 
gave  their  accounts  one  to  another  of  GOD's 
gracious  work  npon  them,  and  prayed  together, 
and  conferred  to  their  mutual  edification,  sundry 
of  them  had  knowledge  one  of  another,  and  in 
every  meeting  some  one  was  more  approved  of 
all  than  any  other, — For  this  reason,  and  to 
prevent  scandalls,  the  whole  company  was  in- 
treated  to  consider  whom  they  found  fittest  to 
nominate  for  this  worke. 

Quaere  6.  Whether  are  you  all  willing  and 
do  agree  in  this,  that  twelve  men  be  chosen, 
that  their  fitness  for  the  foundation  work  may 
be  tried,  however  there  may  be  more  named, 
yet  it  may  be  more  in  their  power  who  are 
chosen  to  reduce  them  to  twelve  and  it  be  in 
the  power  of  those  twelve  to  chuse  out  of  them- 
selves 7,  that  shall  be  most  approved  of  the 
major  part  to  begin  the  church. 

This  was  agreed  upon  by  consent  of  all,  as 
was  expressed  by  holding  up  of  hands,  and 
that  so  many  as  should  be  thought  fit  for  the 
foundation  work  of  a  church  shall  be  pro- 


BLUE   LAWS   OF   CONNECTICUT.          209 

pounded  by  the  plantation  and  written  down, 
and  passe  without  exception,  unlesse  they  had 
given  public  scandal  or  offence,  yet  so  as  in 
case  of  publique  scandall  and  offence,  every  one 
should  have  liberty  to  propound  their  excep 
tions  at  that  time  publiquely  against  any  man 
that  should  be  nominated  when  all  the  names 
should  be  writ  down,  but  if  the  offence  were 
private,  that  men's  names  might  be  tendered, 
so  many  as  were  offended,  were  intreated  to 
deal  with  the  offender  privately.  And  if  he 
\  gave  not  satisfaction  to  bring  the  matter  to  the 
|  twelve  that  they  might  consider  of  it  imparti- 
\  ally  and  in  the  feare  of  GOD.  The  names  of 
the  persons  named  and  agreed  upon  were  Mr. 
T.  Eaton,  Mr.  J.  Davenport,  Eobert  Newman, 
Matthew  Gibb,  Richard  Malthie,  Nathaniel 
'Turner,  Thomas  Fugill,  John  Punderson,  Wil- 
liam Andrews  John  Dixon.  No  exception  was 
$  brought  against  any  of  these  in  public,  except 
one  about  taking  an  excessive  rate  for  meal 
that  he  had  sold  to  one  of  Pequonnock  in  his 
neede,  which  he  confessed  with  grief,  and  de- 
clared that  having  been  smitten  in  heart,  and 
troubled  in  his  conscience,  he  offered  such  a 


210  BLUE   LAWS   OF   CONNECTICUT. 


1 


part  of  the  price  back  again,  with,  confession 
of  his  sin  to  the  party,  as  he  thought  himself 
bound  to  do.  And  it  being  feared  that  the  re- 
port of  his  sin  was  heard  further  than  the  re- 
port of  his  satisfaction  a  course  was  concluded 
on  to  make  the  satisfaction,  to  as  many  as  heard 
of  the  sin.  It  was  also  agreed  upon  at  the  said 
meetinge,  that  if  the  persons  above  named  did 
find  themselves  straitened  in  the  number  of  fit 
men  for  the  7,  that  it  should  be  free  for  them 
to  take  into  tryal  of  fitnesse  such  other  as 
they  should  think  meete.  Provided  that  it 
should  be  signified  to  the  town  upon  the  Lord's 
day  who  they  so  take  in  that  every  man  may  be  \ 
satisfied  of  them,  according  to  the  course  for- 
merly taken. 

[The  foregoing  was  subscribed  and  signed       < 
by  one  hundred  and  eleven  persons.] 


APPENDIX 


THE    FIRST    COLLECTION    OP    LAWS    ADOPTED  IN  THE 
COLONY  OP  MASSACHUSETTS.* 

AT  the  first  meeting  of  the  Court  of  Assistants 
at  Charlestown,  Aug.  23d,  1630,  they  established 
rules  of  proceeding  in  all  civil  actions,  and  insti- 
tuted subordinate  powers  for  punishing  offenders. 
The  supreme  authority  being  in  the  Court  of  As- 
sistants, they  resolved  upon  frequent  meetings  for 
the  due  execution  of  it.  As  it  was  necessary  for 
every  family  to  provide  lodgings  before  winter,  the 
.first  law  proposed  and  passed  was  for  the  regula- 
ting the  price  of  wages  of  workmen,  under  a 
penalty  to  him  that  gave  as  well  as  to  him  who  re- 
ceived more  than  the  limited  price.  They  pro- 

*  The  following  judicial  decisions  and  enactments  were 
the  first  by  which  this  colony  was  governed,  and  they 
deserve  to  be  termed  "Blue  Law?"  -vith  as  much  pro- 
priety as  those  of  Connecticut.  They  are  taken  from 
Hutchinson's  History  of  Massachusetts  Bay,  Boston, 
1769,  p.  435.— S.  M.  S. 

(211) 


212  APPENDIX. 

ceeded  to  other  laws  for  punishing  idleness  and 
encouraging  industry ;  and,  as  they  were  in  the 
midst  of  savages  much  more  numerous  than  them- 
themselves,  they  obliged  every  man  to  attend 
military  exercises,  and  limited  the  bounds  of  their 
plantations  that  none  might  be  more  exposed  than 
was  necessary. 

In  civil  actions,  equity,  according  to  the  circum- 
stances of  the  case,  seems  to  have  been  their  rule 
of  determining.  The  judges  had  recourse  to 
no  other  authorities  than  the  reason  and  under- 
standing which  God  had  given  them.  In  punish- 
ing offenses  they  professed  to  be  governed  by  the 
judicial  law  of  Moses,  but  no  further  than  those 
laws  were  of  a  moral  nature. 

Whilst  they  were  thus  without  a  code  or  body 
of  laws,  and  the  colony  but  just  come  to  its  birth, 
their  sentences  seem  to  be  adapted  to  the  circum- 
stances of  a  large  family  of  children  and  servants ; 
as  will  appear  from  the  following,  which,  from 
amongst  many  others  of  the  same  sort,  I  have 
taken  out  of  the  public  records. 

Josias  Plaistowe,  for  stealing  four  baskets  of 
corn  from  the  Indians,  is  ordered  to  return  them 
eight  baskets,  to  be  fined  five  pounds,  and  here- 
after to  be  called  by  the  name  of  Josias,  and  not* 
Mr.  as  formerly  he  used  to  be. 

*  They  were  very  careful  that  no  title  or  appellation 
shonld  be  given  where  it  was  not  due.  Not  more  than 
half  a  dozen  of  the  principal  gentlemen  took  the  title 
of  esquire  ;  and  in  a  list  of  one  hnndred  freemen  you 


APPENDIX.  213 

Captain  Stone  for  abusing  Mr.  Ludlow,  and 
calling  him  justass,  is  fined  an  hundred  pounds, 
and  prohibited  coming  within  the  patent  without 
the  governor's  leave  upon  pain  of  death. 

Serjeant  Perkins  ordered  to  carry  forty  turfs  to 
the  fort  for  being  drunk. 

Edward  Palmer  for  his  extortion,  in  taking  two 
pounds  thirteen  shillings  and  four  pence  for  the 
wood  work  of  Boston  stocks,  is  fined  five  pounds, 
and  ordered  to  be  set  one  hour  in  the  stocks. 

Captain  Lovel  admonished  to  take  heed  of  light 
carriage. 

Thomas  Petit  for  suspicion  of  slander,  idleness 
and  stubbornness,  is  censured  to  be  severely 
whipped,  and  to  be  kept  in  hold. 

Catherine,  the  wife  of  Richard  Cornish,  was 
found  to  be  suspicious  of  incontinency,  and  seri- 
ously admonished  to  take  heed. 

Daniel  Clarke,  found  to  be  an  immoderate 
drinker,  was  fined  forty  shillings. 

John  Wedgewood,  for  being  in  the  company  of 
drunkards,  to  be  set  in  the  stocks. 

John  Kitchin,  for  showing  books  which  he  was 
commanded  to  bring  to  the  governor,  and  forbidden 
to  show  them  to  any  other  and  yet  showed  them, 
was  fined  ten  shillings. 

Robert  Shorthose,  for  swearing  by  the  blood  of 

will  not  find  above  four  or  five  distinguished  by  Mr., 
although  they  were  generally  men  of  some  substance. 
Goodman  and  goodwife  were  common  appellations. 


214  APPENDIX. 

God,  was  sentenced  to  have  his  tongue  put  into  a 
cleft  stick,  and  to  stand  so  for  the  space  of  half  an 
hour. 

In  that  branch  of  law  more  especially  which  is 
distinguished  by  the  name  of  crown  law,  they 
professed  to  have  no  regard  to  the  rules  of  the 
common  law  of  England.  They  intended  to  follow 
Moses's  plan,  as  has  been  observed,  but  no  farther 
than  it  was  of  a  moral  nature*  and  obligatory 
upon  all  mankind,  and  perhaps  they  did  not,  in 
many  instances,  err  in  judgment  upon  the  morality 
of  actions,  but  their  grand  mistake  lay  in  sup- 

*  They  did  not  go  the  length  of  the  Brownists,  who 
are  said  to  have  held  "  that  no  prince  nor  state  on  the 
earth  hath  any  legislative  power,  that  God  alone  is  the 
lawgiver,  that  the  greatest  magistrate  hath  no  other 
power  but  to  execute  the  laws  of  God  set  down  in  scrip- 
ture, that  the  judicial  laws  of  Moses  bind  at  this  day 
all  the  nations  of  the  world  as  much  as  ever  they  did 
the  Jews."— jBoyh'e. 

Roger  Williams  said  that  "although  they  professed 
to  be  bound  by  such  judicials  only  as  contained  in 
them  moral  equity,  yet  they  extended  this  moral 
equity  to  so  many  particulars  as  to  take  in  the  whole 
judicial  law,  no  less  than  the  rigidest  Brownists." — 
Idem. 

Although  they  did  not  go  to  this  extreme,  it  must  be 
allowed  they  did  not  keep  within  the  limits  they  pro- 
fessed as  their  rule.  They  were  charged  with  the  hold- 
ing it  to  be  the  duty  of  the  magistrate  to  kill  all  idola- 
ters and  heretics,  even  whole  cities,  men,  women,  and 
children,  from  the  command  of  the  Israelites  to  root  out 
the  Canaanites. — Idem. 


APPENDIX.  215 

posing  certain  natural  punishments,  in  every  state, 
alike  proportioned  to  this  or  that  particular  kind 
of  offence,  and  which  Moses  had  observed ;  whereas 
such  punishments  are  and  ought  to  be  governed 
by  the  particular  constitutions  and  circumstances 
of  the  several  kingdoms  and  states  where  they  are 
applied ;  and  although  they  were  undoubtedly 
well  fitted  to  the  state  of  the  ancient  Israelites,  and 
the  great  end  of  punishment,  viz.,  the  preventing 
the  like  offences,  could  not,  it  may  be,  have  been 
otherwise  so  well  effected,  yet  they  were  by  no 
means  obligatory  upon  other  states  whose  consti- 
tutions or  circumstances  differed ;  and  other  states 
have  therefore  continually  more  or  less  varied 
from  them.  Idolatry  was  the  sin  which  easily 
beset  the  Israelites,  and  it  was  necessary  to  make  it 
a  capital  offence.  Perhaps  if  it  should  be  thought 
proper  to  prohibit  idolatry  in  China,  at  this  day, 
the  same  penalty  might  be  necessary,  and  yet  not 
so  in  Xew  England. 

Murder,*  sodomy,  witchcraft,  arson,  and  rape 
of  a  child  under  ten  years  of  age,  were  the  only 
crimes  made  capital  in  the  colony  which  were 
capital  in  England,  and  yet,  from  the  mistaken 

*  Homicide  was  either  murder,  excusable  homicide, 
or  justifiable.  They  did  not  make  the  distinction  of 
manslaughter  from  murder.  The  benefit  of  the  clergy 
was  of  popish  extract,  and  btfrning  in  the  hand  with  a 
cold  iron  appeared  to  them  a  ridiculous  ceremony. 


216  APPENDIX. 

principle  I  have  just  mentioned  their  laws  were 
more  sanguinary  than  the  English  laws ;  for  many 
offences  were  made  capital  here  which  were  not  so 
there.  The  first  in  order,  being  a  breach  of  the 
first  command  in  the  decalogue,  was  the  worship 
of  any  other  God  besides  the  Lord  God.  Perhaps 
a  Roman  Catholic,  for  the  adoration  of  the  host, 
might  have  come  within  this  law.  After  the 
miserable  Indians  submitted  to  the  English  laws, 
special  provision  was  made,  by  another  law,  that 
if  any  of  them  should  powow  or  perform  outward 
worship  to  their  false  gods,  the  powower  (who 
was  their  priest)  should  be  fined  five  pounds,  and 
others  present  twenty  shillings  each.  The  Indians 
have  been  punished  upon  the  latter  law,  but  I 
never  met  with  an  instance  of  a  prosecution  of  any 
Englishman  upon  the  former. 

To  blaspheme  the  holy  name  of  God,  Father, 
Son,  or  Holy  Ghost,  with  direct,  express,  pre- 
sumptuous, or  highhanded  blasphemy,  either  by 
wilful  or  obstinate  denying  the  true  God,  or  his 
creation  or  Government  of  the  world,  cursing  God, 
or  reproaching  the  holy  religion  of  God,  as  if  it 
was  a  politic  device  to  keep  ignorant  men  in  awe, 
or  to  utter  any  other  kind  of  blasphemy  of  the 
like  nature  and  degree,  was  also  made  capital. 

Man-stealing,  from  Exodus  xxi.  16,  was  also 
capital. 

So  was  adultery  with  a  married  woman,  both 
to  the  man  and  woman,  altho'  the  man  was  single, 


APPENDIX.  217 

and  several  have  suffered  death  upon  this  law.* 
Male  adultery  with  an  unmarried  woman,  was  not 
capital. 

He  who  was  convicted  of  wilful  perjury,  with 
intent  to  take  away  the  life  of  another,  was  to 
suffer  death,  from  Deut.  xix.  16.  This  crime  may 
well  enough  be  denominated  murder,  and  yet  a 
wilful  perjury,  by  which  a  man's  life  is  in  fact 
taken  away,  was  never  made  capital  in  England. 
Many  offences  are  made  so,  which  seem  to  be 
inferior  in  their  guilt  and  consequences  to  the 
public.  The  difficulty  of  conviction  may  be  one 

*  Philo  places  the  command  against  adultery  before 
that  against  murder.  There  was  a  pretty  extraordi- 
nary instance  of  a  prosecution  for  adultery  in  the 
year  1663.  Mr.  N.  P.,  a  young  merchant,  had  been 
intimate  with  a  married  lady  of  one  of  the  first  families 
in  the  country.  After  her  husband's  death  he  married 
her.  After  they  had  lived  together  three  or  four  years, 
a  prosecution  was  began  against  both  of  them,  for 
adultery  in  the  life  time  of  the  first  husband.  They 
were  both  committed  to  prison  and  separately  brought 
upon  trial  for  their  lives.  The  court  and  jury  were 
favorable  to  the  husband  and  acquitted  him  of  a  capital 
offence,  probably  because  he  was  not  at  the  time 
charged  a  married  man.  The  wife  likewise  met  with  a 
favorable  jury,  and  they  found  her  also  not  guilty,  but 
the  court,  who  thought  otherwise,  refused  the  verdict, 
and  the  cause  was  carried  before  the  general  court, 
where  she  very  narrowly  escaped,  the  whole  court  de- 
termining that  there  was  proof  of  a  crime  which  ap- 
proached very  near  to  adultery,  but  in  favor  of  life  she 
was  discharged. 
19 


218  APPENDIX. 

reason,  and  the  discouragement,  it  would  some- 
times be,  to  witnesses  to  give  their  testimonies 
another  and  stronger  reason  in  vindication  of  the 
common  law.  In  this  instance  the  Massachusetts 
law  agreed,  I  take  it,  with  the  civil  law,  the  laws 
of  Scotland  at  this  day,  and  of  many  other  states 
in  Europe. 

A  child,  above  sixteen  years  of  age,  that  cursed 
or  smote  his  father  or  mother,  unless  provoked  by 
cruelty  and  in  its  own  defence,  or  unchristianly 
neglected  in  its  education,  and  also  a  stubborn  and 
rebellious  son,  according  to  Deut.  xxi.  20,  upon 
conviction,  were  to  suffer  death.  There  have  been 
several  trials  upon  this  law.  I  have  met  with  one 
conviction,  but  the  offender  was  rescued  from  the 
gallows  by  the  order  of  the  King's  commissioners 
in  1665.* 

*  In  the  first  draught  of  the  laws  by  Mr.  Cotton, 
which  I  have  seen  corrected  with  Mr.  Winthrop's  hand, 
divers  other  offences  were  made  capital,  viz. 

Prophaning  the  Lord's  day  in  a  careless  or  scornful 
neglect  or  contempt  thereof.  Numbers  xv.  30  to  36. 

Reviling  the  magistrates  in  highest  rank,  viz.  the 
governor  and  council.  Exod.  xxii.  18.  1  Kings  xxii. 
8,  9,  44. 

Defiling  a  woman  espoused.     Deut.  xxii.  23  to  26. 

Incest  within  the  Levitical  degrees. 

The  pollution  mentioned  in  Levit.  xx.  13  to  16. 

Lying  with  a  maid  in  her  father's  house,  and  keeping 
it  secret  until  she  was  married  to  another.  Exod. 
xxi.  16. 

The  punishment  by  death  is  erased  from  all  these 


r 


APPENDIX.  219 

High  treason  is  not  mentioned.*  Before  they 
had  agreed  upon  the  body  of  laws,  the  King's  au- 
thority in  England  was  at  an  end. .  Conspiracy  to 
invade  their  own  commonwealth,  or  any  treacher- 
ous perfidious  attempt  to  alter  and  subvert  funda- 
mentally the  frame  of  their  policy  and  government 
was  made  a  capital  offence. 

Rape,  it  was  left  to  the  court  to  punish  with 
death  or  other  grievous  punishment  at  discretion.'^ 
No  judge  would  desire  to  have  a  capital  punishment 
left  to  his  discretion,  and  it  may  be  doubted 
whether,  in  any  case,  it  can  be  of  public  utility. 

Several  offences  were  capital  upon  a  second  con- 

offecnes  by  Mr.  Winthrop,  and  they  are  left  to  the  dis- 
cretion of  the  court  to  inflict  other  punishment  short 
of  death. 

From  the  same  prejudice  in  favor  of  Israelitish  cus- 
toms a  fondness  arose,  or  at  least  was  increased,  for 
significant  names  for  children.  The  three  first  that 
were  baptized  in  Boston  church  were,  Joy,  Recompence, 
and  Pity.  The  humor  spread.  The  town  of  Dorches- 
ter, in  particular,  was  remarkable  for  such  names  as 
Faith,  Hope,  Charity,  Deliverance,  Dependance,  Pre- 
served, Content,  Prudent,  Patience,  Thankful,  Hate- 
evil,  Holdfast,  &c.  Many  of  which  at  this  day  are  re- 
tained in  families,  in  remembrance  of  their  ancestors. 

*  In  1678,  when  complaints  were  made  against  the 
colony,  it  was  by  law  made  capital. 

t  Rape  was  not  capital  by  the  Jewish  law,  and  for 
that  reason  it  was  not  so  for  many  years  by  the  colony 
law. 


220  APPENDIX. 

viction,  as  the  returning  of  a  Romish  priest  into 
the  jurisdiction  after  banishment  upon  the  first 
conviction.  The  law  was  the  same  with  respect 
to  Quakers  also. 

The  denial  of  either  of  the  books  of  the  Old 
and  Xew  Testament,  which  were  all  enumerated, 
to  be  the  written  and  infallible  word  of  God,  was 
either  banishment  or  death  for  the  second  offence, 
at  the  discretion  of  the  court,  and  what  is  very 
extraordinary,  an  inhabitant  who  was  guilty  of 
this  offence  upon  the  high  seas,  was  made  liable 
to  the  penalty. 

Burglary,  and  theft  in  a  house  or  fields  on  the 
Lord's  day,  were  capital  upon  a  third  conviction. 
These  were  all  the  offences  which  they  made 
capital. 

Larceny  or  theft,  was  punishable  by  fine  or 
whipping  and  restitution  of  treble  the  value,  and 
theft  boot  by  a  forfeiture  of  the  value  of  the  goods 
to  the  government. 

The  penalty  of  drunkenness  was  ten  shillings, 
excessive  drinking  three  shillings  and  four  pence, 
tippling  above  half  an  hour,  half  a  crown,  pro- 
phane  cursing  and  sweating',  ten  shillings,  and  if 
more  than  one  oath  at  a  time,  twenty  shillings. 

I  have  seen  a  letter,  dated  about  the  year  1660, 
wherein  a  gentleman  writes  to  his  friend  in 
London,  that  "  he  had  lived  several  years  in  the 
country  and  never  saw  a  person  drunk  nor  never 
heard  a  profane  oath." 


APPENDIX.  221 

The  penalty  of  prophanation  of  the  Sabbath 
was  ten  shillings.* 

Fornication,  might  be  punished  by  enjoining 
marriage,  by  fine  or  corporal  punishment,  and  a 
freeman,  for  this  offence,  might  be  disfranchised 
upon  conviction."}" 

Idleness  was  no  small  offence ;  common  fowlers, 
tobacco-takers,  and  all  other  persons  who  could 
give  no  good  account  how  they  spent  their  time, 
the  constables  were  required  to  present  to  the  next 
magistrate ;  and  the  selectmen  of  every  town  were 
required  to  oversee  the  families,  and  to  distribute 
the  children  into  classes,  and  to  take  care  that 
they  were  employed  in  spinning  and  other  labor, 
according  to  their  age  and  condition. 

Contempt  of  authority,  was  punished  with  great 
severity,  by  fine,  imprisonment  or  corporal  punish- 
ment. 

Lesser  offences,  as  all  breaches  of  the  peace, 
and  also  every  offence  contra  bonos  mores,  where 
there  was  no  determinate  penalty,  the  court,  before 
which  the  offence  was  tried,  punished  at  discre- 
tion. 

*  When  exception  was  taken  in  England  to  the  laws, 
that,  relative  to  the  Sabbath,  restraining  persons  from 
walking  in  the  streets  or  fields,  was  one  ;  bnt,  although 
their  charter  was  in  danger,  thej  refused  to  make  any 
alteration  in  the  law. 

f  Exodus  xxii.  16,  17,  caused  some  doubt  whether 
fine   or   corporal  punishment  was  to  be   inflicted  for         > 
fornication.     I  have  several  manuscripts  on  both  sides         ? 
the  question. 
19* 


APPENDIX. 

They  had  a  law  against  slavery,  except  prisoners 
taken  in  war.  Negroes  were  brought  in  very  early 
among  them.*  Some  judicious  persons  are  of 
opinion  that  the  permission  of  slavery  has  been  a 
public  mischief. 

Their  laws  concerning  marriage  and  divorce 
were  somewhat  singular.  I  suppose  there  had 
been  no  instance  of  a  marriage,  lawfully  celebrated, 
by  a  layman  in  England,  when  they  left  it.  I  be- 
lieve there  was  no  instance  of  marriage  by  a 
clergyman  after  they  arrived,  during  their  charter, 
but  it  was  always  done  by  a  magistrate,  or  by 
persons  specially  appointed  for  that  purpose,  who 
were  confined  to  particular  towns  or  districts.  If 
a  minister  happened  to  be  present,  he  was  desired 
to  pray.  It  is  difficult  to  assign  a  reason  for  so 
sudden  a  change,  especially  as  there  was  no  estab- 
lished form  of  the  marriage  covenant,  and  it  must 
have  been  administered  many  times  in  the  new 
plantations  by  persons  not  the  most  proper  for 
that  purpose,  considering  of  what  importance  it  is 
to  society  that  a  sense  of  this  ordinance,  in  some 
degree  sacred,  should  be  maintained  and  pre- 
served, f  At  this  day,  marriages  are  solemnized 

*  Josselyn  mentions  three  or  four  blacks  in  Mr. 
Maverick's  family  at  Noddle 's-island  in  1638. 

t  The  Scotch  writers  tell  ns,  that  by  their  laws  it  is 
not  necessary  that  marriages  should  be  celebrated  by  a 
clergyman,  that  the  consent  of  parties,  signified  before 
a  magistrate,  or  only  before  two  witnesses,  and  without 
consummation,  will  make  a  marriage  valid. 


APPENDIX.  223 

by  the  clergy,  and  altho'  the  law  admits  of  its 
being  done  by  a  justice  of  peace,  yet  not  one  in 
many  hundred  is  performed  by  them. 

In  matters  of  divorce,  they  left  the  rules  of  the 
canon  law  out  of  the  question ;  with  respect  to 
some  of  them  prudently  enough.  I  never  heard 
of  a  separation,  under  the  first  charter,  a  mensa  et 
thoro.  Where  it  is  practised,  the  innocent  party 
often  suffers  more  than  the  guilty.  In  general, 
what  would  have  been  cause  for  such  a  separation 
in  the  spiritual  courts,  was  sufficient,  with  them, 
for  a  divorce  a  vinculo.  Female  adultery  was 
never  doubted  to  have  been  sufficient  cause,  but 
male  adultery,  after  some  debate  and  consultation 
with  the  elders,  was  judged  not  sufficient.  De- 
sertion a  year  or  two,  where  there  was  evidence  of 
a  determined  design  not  to  return,  was  always  good 
cause  ;  so  was  cruel  usage  of  the  husband.*  Con- 
sanguinity they  settled  in  the  same  degrees  as  it 
is  settled  in  England  and  in  the  Levitical  laws. 
It  is  said,  a  man  may  give  his  wife  moderate  cor- 
rection without  exposing  himself  to  any  penalty 
in  the  law ;  our  legislators  had  more  tender  senti- 
ments of  this  happy  state,  and  a  man  who  struck 
his  wife  was  liable  to  a  fine  of  ten  pounds  or 

*  It  is  a  circumstance  worthy  of  note,  that  these 
Puritans,  extremely  rigid  as  they  were,  allowed  divorces 
for  several  causes  which  their  descendants,  and  ether 
orthodox  people  of  the  present  day,  repudiate ;  who 
absurdly  insist  that  the  New  Testament  restricts  di- 
vorces to  cases  of  adultery  alone. — S.  M.  S. 


224:  APPENDIX. 

corporal  punishment :     A  woman  who  struck  her 
husband  was  liable  to  the  same  penalties. 


II. 


COPT  OF  THE  DETERMINATION  OP  ARBITRATORS  FOR 
SETTLING  THE  LINE  BETWEEN  NEW- HAVEN  AND 
THE  DUTCH  IN  1650. 

Articles  of  agreement  made  and  concluded  at 
Hartford,  upon  Connecticut,  Sep.  19,  1650,  be- 
twixt the  delegates  of  the  honored  commis- 
sioners of  the  United  Englishe  Colonies,  and  the 
delegates  of  Peter  Stuyvesant,  governor-generall 
of  Newe-Netherlands.  Concerning  the  bounds 
and  limits  betwixt  the  English  United  Collonies 
and  the  Dutch  province  of  Newe-Netherlands, 
wee  agree  and  determine  as  followeth. 

1.  That  upon  Long- Island,  a  line,  run  from  the 
westermost    part    of    Oyster-Bay,   and    so   in   a 
streight  and  direct  line  to  the  sea,  shall  be  the 
bounds  betweene  the  Englishe  and  Dutch  there ;  the 
easterly  part  to  belonge  to  the  English,  the  wester- 
most  part  to  the  Dutch. 

2.  The  bounds,  upon  the  maine,  to  begin  upon 
the  west  side  of  Greenwich  Bay,  being  about  four 
miles  from  Stamford,  and  so  to  run  a  westerly  line 
twenty  miles  up  into  the  country,  and  after,  as  it 
shall  be  agreed  by  the  two  governments  of  the 


APPENDIX.  225 

Dutch  and  Newe  Haven,  provided  the  said  line  run 
not  within  tenn  miles  of  Hartford  river.  And  it  is 
agreed,  that  the  Dutch  shall  not,  at  any  tyme  here- 
after, build  any  house  or  habitation  within  six 
miles  of  the  said  line,  the  inhabitants  of  Green- 
wich to  remain  (till  further  consideration  thereof 
be  had)  under  the  government  of  the  Dutch. 

3.  That  the  Dutch  shall  hould  and  enjoy  all  the 
lands  in  Hartford,  that  they  are  actually  in  posses- 
sion off,  knowne  or  sett  out  by  certaine  merkes  and 

;  boundes,  and  all  the  remainder  of  the  said  lands,  on 
both  sides  of  Connecticut  river,  to  be  and  remaine 
to  the  English  there. 

And  it  is  agreed,  that  the  aforesaid  bounds  and 
lymyts,  both  upon  the  island  and  maine,  shall  be 
observed  and  kept  inviolable,  both  by  the  Englishe 
of  the  United  Collonies  and  all  the  Dutch  nation, 
without  any  encroachment  or  molestation,  until  a 
full  determination  be  agreed  upon  in  Europe,  by 
mutual  consent  of  the  two  states  of  England  and 
Holland. 
And  in  testimony  of  our  joint  consent  to  the 

>  several  foregoing  conditions,  wee  have  hereunto 
sett  our  hands  this  19th  day  of  Tber,  1650. 

SYMON  BRADSTREETE        THO:  WTLT.KT 
THO:  PRENCE  THEO:  BAXTER. 


22d  .APPENDIX. 

III. 

COPY  OP  AN  ADDRESS  TO   OLIVER  CROMWELL  IN  1654. 

May  it  please  your  Highness, 
IT  hath  beene  no  smal  comfort  to  us  poor 
exiles,  in  these  utmost  ends  of  the  earth  (who 
sometimes  felt  and  often  feared  the  frownes  of  the 
mighty)  to  have  had  the  experience  of  the  good 
hand  of  God,  in  raisinge  up  such,  whose  en- 
deavours have  not  beene  wantinge  to  our  welfare : 
amongst  whom,  we  have  good  cause  to  give  your 

|  highness  the  first  place :  who  by  a  continued  series 
of  favours  have  obliged  us,  not  only  while  you 
moved  in  a  lower  orbe,  but  since  the  Lord  hath 
called  your  highness  to  supreame  authority,  whereat 

>  we  rejoice  and  shal  pray  for  the  continuance  of  < 
your  happy  government,  that  under  your  shadow  < 
not  only  ourselves,  but  all  the  churches  may  find  \ 
rest  and  peace.  The  assurance  of  your  highness's 

<  endeavours  for  that  end  wee  have  lately  received 
by  Major  Sedgwick  and  Captain  Leveritt,  for,  not- 
withstanding the  urgent  and  important  occasions  \ 
wherewith  your  highness  is  pressed,  yet  your 
goodness  hath  compelled  you  to  be  mindful  of  us, 
and  to  give  such  royal  demonstration  of  your 
grace  and  favour,  far  beyond  what  we  dared  to 
expect  or  desire,  upon  intelligence  of  our  condition 

j        presented  to  your  highness  by  some  private  friends, 

\        whose  well  meaninge  to  us,  must  excuse  their 


APPENDIX.  227 

mistake ;  which  hath  made  us  confident,  that  our  j 
attendance  to  your  pleasure,  in  furnishinge  the  said 
gentlemen  with  voluntiers,  for  your  highness's 
service  against  the  Dutch  at  the  Manhatas,  will  be 
acceptable :  with  whom  also,  in  complyance  with 
our  nation,  ever  since  wee  heard  of  the  warr,  wee 
have  debarred  ourselves  of  all  commerce ;  and 
have  beene  exercised  with  serious  and  consci- 
entious thoughts  of  our  duty  in  this  juncture  of 
affaires;  the  result  whereof  was  in  May  1653, 
That  it  was  most  agreeable  to  the  gospel  of  peace 
which  we  profess,  and  safest  for  these  colonyes,  at 
this  season,  to  forbeare  the  use  of  the  sword ;  and 
though  some  of  the  other  colonyes  seemed  to  be 
of  another  mind,  yet  there  wanted  the  concurrence 
of  such  a  number  of  the  commissioners  to  act  ac- 
cordingly, without  whose  consent  foregoinge  (by 
the  articles  of  our  confederation)  no  warr  may  be 
undertaken.  Wee  have  nothing  to  add,  to  what 
was  then  under  consideration,  to  put  us  upon  that 
undertaking,  in  reference  to  our  own  interest, 
which  we  ought  to  understand  and  should  attend, 
equally  with  our  friends  not  more  concerned  than 
our  selves;  wherein  if  wee  should  be  mistaken, 
wee  hope  wee  shall  not  be  loosers  with  God  or 
good  men,  by  our  tenderness  in  a  case  of  such 
importance,  and  suspendinge  our  actings,  till  wee 
see  cleare  and  satisfyinge  grounds  of  our  under- 
takings, so  highly  tendinge  to  the  violation  of  our 
peace,  the  almost  onely  blessinge  remaining  to  us, 
of  all  our  outward  comforts;  the  losse  whereof, 


228  APPENDIX. 

with  the  necessary  consequents,  would  add  such 
weight  to  our  other  sufferings  as  might  overwhelms 
us  in  sorrow,  and  in  that  respect,  render  us  of  all 
men  most  miserable  ;  which  wee  are  assured  is  so 
far  from  your  gracious  intentions,  that  wee  have 
no  doubt,  but  the  liberty  wee  have  taken,  of  the 
waies  proposed  by  your  highness,  to  take  that 
which  is  in  our  understandinge,  the  most  consist- 
ent with  our  peace  and  welfare  ;  will  be  most  ac- 
ceptable to  your  highness,  and  indeed  wee  cannot 
but  acknowledge  it  a  gracious  providence  of  God, 
and  a  high  favor  and  gentleness  in  your  highness 
towards  us,  that  when  the  object  of  your  desire 
was  our  good,  the  meanes  to  attaine  that  end 
should  no  way  press  us :  for,  with  all  readiness, 
wee  haue  consented  the  said  gentlemen  may  raise 
500  voluntiers,  armed  and  furnished  for  your  ser- 
vice, within  our  jurisdiction,  which  is  a  large  pro- 
portion out  of  our  small  numbers,  especially  at 
this  season  of  the  year,  wherein  the  pressinge  oc- 
casions of  harvest  doe  call  for  all  our  hands  to 
attend  that  service,  least  the  following  winter 
punish  us  for  our  neglect :  Yet  wee  willingly  run 
this  hazzard,  that  wee  might,  in  some  measure, 
manifest  our  devotion  to  your  service,  in  what  wee 
may.  Sir,  be  pleased  to  beleeve  us,  that  our 
harts  and  our  affections  to  your  highness  are  sin- 
cere, and  that  wee  should  account  it  our  unhappi- 
ness,  and  ranke  it  amongst  our  greatest  sufferings, 
to  incur  your  highness's  displeasure,  though  wee 
should  never  feele  the  effects  thereof.  If,  there- 


APPENDIX.  229         | 

fore,  onr  understandings  have  in  any  thing  mislead 
us,  we  most  humbly  crave  your  pardon,  and  that 
your  highness  be  pleased  to  retaine  us  in  your 
good  opinion  and  favour,  and  wee  shall  ever  pray 
the  Lord,  your  protector  in  all  your  dangers,  that 
'tath  crowned  you  with  honor  after  your  long 
service,  to  lengthen  your  daies,  that  you  may  long 
continue  Lord  Protector  of  the  8  nations,  and  of 
the  churches  of  Christ  Jesus,  In  whom  we  are, 

Sir, 

Your  Highness's 

24th  August,  devoted  servants, 

1654. 

The  General  Court  of  the  Massatusetta 


230  APPENDIX. 


IY. 


COPT  OP  A  LETTER  FROM  THE  GOVERNMENT  OP 
THE  COLONY  OP  RHODE-ISLAND,  CONCERNING  THE 
QUAKERS. 

Much  honored  gentlemen, 

PLEASE  you  to  understand,  that  there  hath 
come  to  our  view  a  letter  subscribed  by  the 
honour'd  gentlemen  commissioners  of  the  United 
Coloneys,  the  contents  whereof  are  a  request  con- 
cerning certayne  people  caled  Quakers,  come  among 
us  lately,  &c. 

Our  desires  are,  in  all  things  possible,  to  pursue 
after  and  keepe  fayre  and  loving  correspondence 
and  entercourse  with  all  the  colloneys,  and  with  all 
our  countreymen  in  New-England ;  and  to  that 
purpose  we  have  endeavoured  (and  shall  still  en- 
deavour) to  answer  the  desires  and  requests  from 
">  all  parts  of  the  countrey,  coming  unto  us,  in  all 
just  and  equall  returnes,  to  which  end  the  coloney 
have  made  seasonable  provision  to  preserve  a  just 
and  equal  entercourse  between  the  coloneys  and 
)  us,  by  giving  justice  to  any  that  demand  it  among 
us,  and  by  returning  such  as  make  escapes  from 

<  you,  or  from  the  other  coloneys,  being  such  as  fly 
I        from  the  hands  of  justice,  for  matters  of  .crime 
5        done  or  committed  amongst  you,   &c.     And  as 

<  concerning  these  Quakers  (so   caled)  which  are 
now  among  us,  we  have  no  law  among  us  whereby 


APPENDIX.  231 

to  punish  any  for  only  declaring  by  words,  &c., 
their  mindes  and  understandings  concerning  the 
things  and  ways  of  God,  as  to  salvation  and 
an  eternal  condition.  And  we,  moreover,  finde, 
that  in  those  places  where  these  people  aforesaid, 
in  this  coloney,  are  most  of  all  suffered  to  declare 
themselves  freely,  and  are  only  opposed  by  argu- 
ments in  discourse,  there  they  least  of  all  desire  to 
come,  and  we  are  informed  that  they  begin  to 
loath  this  place,  for  that  they  are  not  opposed  by 
the  civil  authority,  but  with  all  patience  and 
meeknes  are  suffered  to  say  over  their  pretended 
revelations  and  admonitions,  nor  are  they  like  or 
able  to  gain  many  here  to  their  way ;  and  surely 
we  find  they  delight  to  be  persecuted  by  civil 
powers,  and  when  they  are  soe,  they  are  like  to 
gaine  more  adherents  by  the  conseyte  of  their 
patient  sufferings,  than  by  consent  to  their  per- 
nicious sayings.  And  yet  we  conceive,  that  their 
doctrines  tend  to  very  absolute  cutting  downe 
and  overturning  relations  and  civil  government 
among  men,  if  generally  received.  But  as  to 
the  dammage  that  may  in  likelyhood  accrue  to  the 
neighbour  colloneys  by  theire  being  here  enter- 
tained, we  conceive  it  will  not  prove  so  dangerous 
(as  else  it  might)  in  regard  of  the  course  taken 
by  you  to  send  them  away  out  of  the  countrey,  as 
they  come  among  you.  But,  however,  at  present, 
we  judge  it  requisitt  (and  doe  intend)  to  com- 
mend the  consideration  of  their  extravagant  out- 
goings unto  the  generall  assembly  of  our  coloney 


232 


APPENDIX. 


in  March  next,  where  we  hope  there  will  be  such 
order  taken,  as  may,  in  all  honest  and  contentions 
manner,  prevent  the  bad  effects  of  their  doctrines 
and  endeavours;  and  soe,  in  all  courteous  and 
loving  respects,  and  with  desire  of  all  honest  and 
fayre  commerce  with  you,  and  the  rest  of  our 
honoured  and  beloved  countreymen,  we  rest 

Yours  in  all  loving  respects  to  serve  you, 


From  Providence,  at 
the  court  of  tryals, 
held  for  the  colo- 
ney,  October  13th, 
1657. 


BENEDICT  ARNOLD,  Presidt. 
WILLIAM  BAULSTON, 
RANDALL  HOWLDON, 
ARTHUR  FENNEB, 
WILLIAM  FEILD. 


To  the  much  honoured,  the  Generall 

Court,  sitting  at  Boston,  for  the 

Colloney  of  Massachussitts. 


CONTENTS. 


I.  Origin  of  the  Colonies  in  Connecticut, 6 

n.  Early  History  of  the  Three  Colonies, 9 

m.  First  Constitution  of  the  Colony  of  New  Haven,  12 

rv.  Progress  and  Growth  of  the  Connecticut  Colonies,  21 
v.  History  of  the   Connecticut   Colonies  till  the 

Adoption  of  the  Blue  Laws, 27 

BLUE  LAWS  OF   CON  WE  C  TICTTT. 

I.  THE  CONSTITUTIOH  OB  Crra  COMPACT  OP  1638-39,  41 

n.  THE  CODE  OP  1650, 55 

Ability, 55 

Actions   ......... ......... .................. .................  55 

Age, 56 

Arrest, 56 

Attachment, 57 

Ballast, 60 

Barratry, 61 

Bills, ^ 61 

Bounds  62 

Burglary  and  Theft, 64 

Laws, 67 

Casck  and  Cooper, 71 

Cattle  and  Cornfields, 72 

Cattle  to  be  marked, 75 

Common  Fields, 75 

233 


234  CONTENTS. 

Caveats, 77 

Courte,  Secrets  in, 82 

Children, 82 

Constables, 84 

Conveyances, .* 87 

Cruelty 88 


Death,  Untimely, 88         \ 

Delinquents, 89         \ 

Ecclesiastical,  89         j 

Escheats, 92         j 

Executions, 93         < 

Fences, 94         £ 

Ffynes,  94 

Ffyre,  95         j 

Forgery, 96 

Fornication, 97 

Gaming, 97 

Idleness, 100 

Guards  at  Meeting, 98 

Highways, 98 

Indians, 101         \ 

Inkeepers, 110         j 

Juries  and  Jurors, 116         J 

Grand  Jury, 118         ( 

Lands, 119 

Levies, 119         I 

Lyinrffe,  .- 121 

Masters  and  Servants 123 

Manslaughter 125         i 

Magistrates, 125         j 

Marriage, 126 

Marshall, 128 

Measures  and  Weights, 129 

Military  Affairs, 130 

Ministers,...  137 


CONTENTS.  235 

Oaths, 138 

Peage, 143 

Poore, 143 

Pound  Breach, 142 

Prophane  swearing, 145 

Rates, 146 

Records, 155 

Schools, 162 

Secretary, 164 

Strayes, 167 

Swyne, 169 

Timber, 170 

Tobacko, 170 

Trespasses, 172 

Treasurer, 173 

Voates, 173 

Verdicts, 174 

Wine  and  Strong  water, 175 

Watches, 175 

Wolves, 177 

Wrecks  at  sea, 178 

III.  NEW  HAVEN  ANTIQUITIES,  OR  EXTRACTS  FROM  THE 

JUDICIAL  RECORDS  OF  NEW  HAVEN, 181 

IV.  EARLY  RECORDS  OF  THE  CHURCH  AT  NEW  HAVEN,..  199 

APPENDIX 

I.  The  First  System  or  Body  of  Laws  adopted  in  the 

Colony  of  Massachusetts, 211 

H.  Copy  of  the  Determination  of  Arbitrators  for  set- 
tling the  line  between  New  Haven  and  the 

Dutch  in  1650, 224 

in.  Copy  of  an  Address  to  Oliver  Cromwell  in  1654,  226 
iv.  Copy  of  a  Letter  from  the  Government  of  the 
Colony   of   Rhode   Island   concerning   the 
Quakers, 230 


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THE  LIFE,  SPEECHES,  AND  MEMORIALS  OF  DANIEL 

"WEBSTER.— Containing  his  most  Celebrated  Orations,  a  Selection  from 
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ture. No  work  was  to  be  obtained  heretofore  which  presented,  within  a  com- 
pact and  convenient  compass,  the  chief  events  of  the  Life  of  Daniel  Webster, 
his  most  remarkable  intellectual  efforts,  and  the  most  valuable  and  interesting 
eulogies  which  the  great  men  of  the  nation  uttered  in  honor  of  his  memory. 
We  present  all  these  treasures  iu  this  volume,  at  a  very  moderate  price. 

Cloth, .'. $1.75 

Handsomely  embossed  leather 2.00 

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MONUMENT  TO  THE  MEMORY  OF  HENRY  CLAY.  By  A. 
H.  Carrier.  In  one  large  volume,  over  500  pages,  Illustrated  with  appropriate 
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THE  LAND  "WE  LIVE  IN ;  or,  Travels,  Sketches,  and  Adventures  in 
North  and  South  America.  With  descriptions  of  their  Towns,  Cities,  States 
and  Territories  ;  their  Inhabitants,  Manners,  Customs,  Amusements,  Public 
Works,  Institutions,  Edifices,  etc.,  together  with  a  great  variety  of  the  most 
Exciting  Adventures  and  Highly  Interesting  Historical  Events  of  American 
History.  By  C.  A.  Goodrich.  One  large  vol.,  bound  embossed  morocco,  879 
octavo  pages,  130  illustrations $3  50 

A  HISTORY  OF  ALL  RELIGIONS:  Containing  a  statement  of  the 
Origin,  Development,  Doctrines  and  Government  of  the  Religions  Denomina. 
tions  in  the  United  States  and  Europe.  With  Biographical  notices  of  Eminent 
Divines.  Edited  and  completed  by  Samuel  M.  Smncker,  LL.D.,  336  pages, 

12mo.,  illustrated.     Bound  in  fine  muslin $1.00 

Full  gilt  sides  and  edges 1.50 

THE  BRIDE  OF  LOVE :  or,  True  Greatness  of  Female  Heroism.  By 
Ruth  Vernon.  "Thousands  of  men  breathe,  move,  and  live,  pass  off  the 
stage  of  life,  and  are  heard  of  no  more.  Live  for  something — do  good,  and 
leave  behind  you  a  monument  of  virtue. " — Chalmers.  320  pages,  with  beau- 
tiful steel  plate $1.00 


BOOKS   PUBLISHED  BY    DUANE    RULISON. 


HISTORICAL  AND  REVOLUTIONARY  INCIDENTS  OP 

the  Early  Settlers  of  the  United  States,  with  the  Life  and  Adventures  of  Allen, 
Kenton,  Boonfi,  and  other  celebrated  Pioneers.  By  C.  W.  Weber,  author  of 
"Hunter  Naturalist,""  Shot  in  the  Eye,"  "Old  Hicks,  the  Guide,"  "Gold 
Mines  of  the  Gila,"  etc.,  etc.  450  pages,  tint  illustrations $1.25 

THE  MODEL  BOOK  OF  DREAMS,  FORTUNE  TELLER, 

and  Epitome  of  Parlor  Entertainments.  Comprising  Interpretation  of  Dreams, 
Fortune-telling,  Charades,  Tableaux  Vivants,  Parlor  Games,  Parlor  Magic, 
Scientific  Amusements,  etc.,  etc.,  etc.  By  Henry  Temple  and  Cordelia  M.  Ot- 
tley.  12mo.,  bound  in  fine  muslin,  352  pages.  Illustrated  with  nearly  one 
hundred  engravings $1.00 

THE  LIFE  AND  ADVENTURES  OF  THE  CELEBRATED 

Oriental  Traveler,  HAJJI  BABA,  in  Persia,  Turkey,  and  Russia.  Comprising 
his  Caravan  Travels,  Encounters  with  Bobbers,  his  curious  performances  as 
Soldier,  Water  Carrier,  Pipe  Seller,  Dervish,  Courtier,  Doctor,  Executioner, 
Lnver,  and  Marriage  Broker,  and  his  final  elevation  to  the  rank  of  Shah's  De- 
puty, and  Secretary  to  the  Persian  Ambassador  to  England,  with  numerous 
Episodes  and  Incidents,  illustrating  Life  in  Persia.  Edited  by  Jas.  Morier. 
400  pages $1.00 

HOWARD'S  DOMESTIC  MEDICINE :  Containing  an  important 
Family  Cyclopedia  of  Medical  Knowledge,  pointing  out  in  the  most  plain  and  fa- 
miliar language,  the  cause  and  symptoms  of  the  various  diseases  that  human 
flesh  is  liable  to.  Also,  the  most  improved  remedies  for  the  Diseases  of  Men, 
Women,  and  Children.  Also,  an  extensive  and  valuable  Treatise  on  Anatomy, 
Physiology,  and  the  Laws  of  Health.  The  work  is  illustrated  in  the  most  exten- 
sive and  appropriate  manner.  The  illustrations  represent  the  Anatomy  of  the 
Human  System,  in  all  its  various  forms ;  also,  a  great  variety  of  Plants, 
Herbs  and  Trees,  growing  on  the  American  Continent,  with  a  minute  descrip- 
tion of  their  medicinal  properties  and  uses.  Also,  rules  and  suggestions  for 
gathering,  preserving  and  preparing  them  for  use.  This  important  book  con- 
tains about  1000  octavo  pages,  with  114  costly  illustrations.  Bound  in  beautiful 
embossed  leather,  full  gilt,  with  spring  back  and  marbled  edges  and  is  supplied 
to  subscribers  at  the  very  low  price  of $4.00 

ADVENTURES,  WANDERINGS,  AND  SUFFERINGS  OF 
THE  MERTON  FAMILY  ;  or,  Life  Scenes  among  the  South  Ameri- 
can Indians.  By  Miss  Anne  Bowen.  This  is  one  of  the  most  interesting  books 
of  the  kind  ever  written.  It  contains  the  adventures  of  a  family  who  had  the 
misfortune  to  be  cast  on  the  coast  of  South  America,  who,  after  many  thril- 
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Andes,  finally  settled  in  a  wild  and  desolate  region.  It  is  also  very  instruc- 
tive, containing  many  curious  facts  from  Natural  History,  Botany,  etc.  384 
pages,  12mo.,  8  fine  illustrations  on  tinted  paper $1.00 

THE  MYSTERIES  OF  THE  GREAT  DEEP;  or,  the  Physical, 
Animal,  Geological,  and  Vegetable  Wonders  of  the  Ocean.  By  P.  H.  Gosse, 
author  of  "An  Introduction  to  Geology,"  "The  Canadian  Naturalist,"  etc. 
This  book  is  full  of  instructive  and  entertaining  information.  One  might  go 
to  sea  for  years  and  not  learn  as  much  about  the  Ocean  as  he  can  gather  from 
a  few  hours  perusal  of  this  volume.  One  volume,  12mo.,  378  pages,  with  52 
illustrations $1.00 

A  HISTORY  OF  THE  MODERN  JEWS  ;  or,  Annals  of  the 
Hebrew  Race,  from  the  Destruction  of  Jerusalem  till  the  Present  Time.  By 
Samuel  M.  Smucker,  LL.D.  Containing  the  most  memorable  and  noteworthy 
events  which  have  occurred  in  the  history  of  this  extraordinary  nation  dur- 
ing the  last  1800  years.  To  both  the  Jew  and  Christian  this  book  will  afford 
a  vast  amount  of  valuable  information,  which  cannot  be  conveniently  pro- 
cured from  any  other  source.  It  contains  the  most  interesting  details  respect- 
ing the  Jewish  race,  with  biographical  notices  of  their  most  eminent  Rabbis, 
descriptions  of  their  usages  and  customs,  and  a  learned  exposition  of  their  doc- 
trines and  belief.  352  pages,  printed  on  fine  paper,  and  bound  in  rich  mus- 

jjn $1.00 

Full  gilt  sides  and  edges 1.50 


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